CAT/OP/DEU/2/Add.1
22.
With reference to the recommendation of the SPT contained in paragraph 37 of the
SPT visit report, the Federal Government doubled the Federal Agency’s members in May
2013. This is considered sufficient for the roughly 270 facilities, mainly police stations. The
Government has also declared its position in increasing the federal share in the National
Agency’s funding. The Federal Agency maintains contacts with the Federal Parliament’s
Human Rights Committee.
23.
The Länder Governments are currently discussing the issue of insufficient personnel
and financial resources. The chairman of the Joint Commission has been in constant
exchange with the Hessian State Secretary of Justice and has personally explained the
urgency of the matter to the heads of department for execution of sanctions. The
Conference of Ministers of Justice has contacted the Conferences of Ministers of the
Interior and of Social and Labour Affairs to share the additional financial burden caused by
an increase of the Joint Commission’s members and funding. Both Conferences have
informed the Conference of Ministers of Justice that they would support the increase of
members. The funding remains to be decided. The Joint Commission maintains contact
with the Conference of Ministers of Justice on the issue.
24.
The National Agency rents its own offices in the same building as those of the
Centre for Criminology. The Centre for Criminology provides human resources
administration and accounts management, while the National Agency executes all
preventive tasks in full independence and without any interference by third parties. Until
now the National Agency has not been confronted with doubts about its independence due
to its attachment to the Centre for Criminology.
25.
With reference to the recommendation of the SPT contained in paragraph 39 of the
SPT visit report, when planning a visit, the National Agency takes into account the size and
type of the facility and correspondingly decides the size of the visiting team and the amount
of time to spend on each visit.
26.
With reference to the recommendation of the SPT contained in paragraph 41 of the
SPT visit report, the National Agency already consults detainee files and other
documentation on every visit. Access was almost always provided without restrictions and,
if required, files were even sent to its offices by the authorities. Only once has there been a
case where immediate access has been denied.
27.
With reference to the recommendation of the SPT contained in paragraph 43 of the
SPT visit report, see replies under recommendation contained in paragraph 37 of the visit
report, above.
28.
With reference to the recommendation of the SPT contained in paragraph 45 of the
SPT visit report, see replies under recommendation contained in paragraph 14 of the visit
report, above.
29.
There are generally relatively few detention cases at the facilities to be visited by the
Federal Agency. The number of detentions at army facilities has fallen sharply since the
armed forces were transformed into a professional army. In fact, the Federal Agency has
not met a single soldier under disciplinary arrest in the past five years. The Federal Police
has only restricted competencies and hence detains relatively few people as well. Customs
authorities only have 24 detention facilities. Given the limited probability in encountering
persons in detention, the Federal Agency focuses more on learning about the attitudes of
officials, the atmosphere among staff and detention-related training for officers. It,
therefore, usually announces its visits to ensure that the facility director and representatives
of the staff association are on site. However, for each visit it will continue to consider
whether unannounced visits or visits outside usual office hours may produce more insight
into the situation of detainees.
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