National Preventive Mechanism do function in a supervisory capacity in the narrower sense. Therefore, they could not respond to the specific questions raised. The NPM does not accept this view. Under the Penitentiary System Act, mentally ill offenders must be housed in institutions or field offices specifically intended for this purpose. Alternatively, they can be assigned to a public psychiatric facility. Assignment does not change attribution Under Section 158 of the Penitentiary System Act, this must be a suitable facility. In this case, it is not merely a matter of correcting a dangerous situation discovered by the commission. Rather, whether the facility is (still) generally suitable and the contract with the prison system can be fulfilled has been called into question. In the matter at hand, agreement was reached in the course of a contact meeting with the Federal Ministry of Justice that infrastructure-related matters at public psychiatric facilities are the responsibility of the Federal Ministry of Justice. Responsibility finally accepted ¾¾ If the Federal Ministry of Justice assigns a person in detention to a public psychiatric facility, the deficits in said infrastructure are attributable to the Ministry. ¾¾ If the Federal Ministry of Justice cannot ensure that these deficits are remedied, the inmate must be housed in a facility run by the Federal Ministry of Justice itself. 2.5.5 Fixtures and fittings in the patients’ rooms – forensic psychiatry station of the Sigmund Freud Regional Neurological and Psychiatric Hospital In late autumn 2013, the commission visited the forensic psychiatry station of the Sigmund Freud Regional Neurological and Psychiatric Hospital. The commission’s final human rights assessment contains very encouraging remarks: The therapeutic work and care were regarded as “highly professional”. There has been no violence in recent years. As far as the commission could ascertain, the experienced interdisciplinary team performs “outstanding work”. The employees treat each other well and with respect and are friendly with the patients. There is a relaxed atmosphere. The medical documentation and the maintenance of the documentation are described as “exemplary”. Release management is rated “very good and comprehensive”. Treatment and care exemplary 157