CAT/OP/DEU/2/Add.1
40.
With reference to the recommendation of the SPT contained in paragraph 58 of the
SPT visit report, the National Agency endeavours to create a trustful atmosphere with the
persons it meets during its visits. This requires more or less previous information about the
Agency and the character of the interview depending on the person’s background and level
of knowledge about German public administration.
41.
The information leaflet has been reviewed and will be republished also in a version
for detainees when introducing the National Agency’s new corporate identity.
42.
In the scope of the National Agency’s new corporate identity, the information leaflet
will be updated and translated into different languages. See hereon No. 35, above.
43.
With reference to the recommendation of the SPT contained in paragraph 60 of the
SPT visit report, interviews are generally conducted in a private setting, e.g. in inmate cells.
The National Agency pays attention to ensuring that interviews cannot be overheard by
staff. Health conditions and access to health professionals by detainees have been included
into the list of questions to be typically asked during an interview.
44.
With reference to the recommendation of the SPT contained in paragraph 62 of the
SPT visit report, the National Agency has a variety of measuring equipment such as devices
to measure room volume and surfaces, air quality or temperature. It makes use of these
instruments only when given reason to believe that minimum standards are not met.
45.
With reference to the recommendation of the SPT contained in paragraph 64 of the
SPT visit report, the time the visiting teams dedicate to reviewing files and talking to
detainees depends on the circumstances of each visit, such as the size of the visiting team
and the complexity of the facility. Whenever possible and appropriate, it splits up visiting
teams to do different tasks in parallel, as it did during the visit to the prison in Mannheim
with the SPT. On one occasion in the past, the Federal Agency had to recommend that files
be kept on site.
46.
With reference to the recommendation of the SPT contained in paragraph 66 of the
SPT visit report, the National Agency generally does not investigate individual complaints.
Where suitable, complainants are directed to the competent authorities. Only in particularly
grave situations does the National Agency inform the authorities or request a statement. As
long as no imminent risk is at stake (e.g. in case of suicide threats or announced attacks on
staff or other prisoners), this exclusively happens with prior agreement by the affected
person. However; during interviews with the prisoners the National Agency should be made
aware of complaints, it may, on a case-by-case basis, decide to bring these complaints to
the knowledge of the facility’s authorities.
47.
With reference to the recommendation of the SPT contained in paragraph 68 of the
SPT visit report, interviewees are usually provided with an information leaflet that contains
the address of the National Agency. In the scope of the redesign of the National Agency’s
public appearance due in 2014, this leaflet will be translated into more languages and
contain the information that every person may contact the National Agency without
censorship concerning his or another person’s situation.
48.
Until now, there have been no reports that persons had been subjected to sanctions
or prejudiced in other ways after having spoken to the National Agency. Not even hints to
such risks have been purported in postal communication with prisoners after visits. It would
hence appear exaggerated to explicitly advise staff not to mistreat persons who have spoken
to the National Agency, given that all wardens are aware of the implications of such
behaviour. As long as there are no signs indicating conflicts between inmates who have
provided the National Agency with information and staff, a warning such as this would
unnecessarily provoke resistance among staff to implement the Agency’s recommendations
7