CAT/OP/DEU/2
its preventive approach which involves identifying patterns and detecting systemic
risks of torture and ill-treatment. Rather than seeking to investigate or resolve
individual complaints, the NPM should advise detainees on how and to whom to
address individual complaints and seek to ensure the effectiveness of complaints
mechanisms as a means of prevention.
Follow-up to visits
67.
The SPT observed that, in their final meetings with those responsible for the places
of deprivation of liberty, visiting teams did not remind the authorities that any form of
intimidation or reprisals against persons deprived of their liberty constitutes a violation of
the State Party’s obligation.
68.
The SPT recommends that the NPM regularly reflect on the need to ensure
protection of persons who provide information to the NPM from sanctions or reprisals
through, inter alia, follow-up visits, contacts with family members, and by reminding
those in authority that such behaviour will be reported and sanctioned.
69.
The NPM should prepare and make public reports on the visits it conducts, without
disclosing confidential information such as personal information concerning individuals
deprived of their liberty.18
70.
The SPT recommends that the reports should focus on prevention, identifying
problems and proposing solutions in the form of recommendations. These
recommendations must be concrete and well-grounded, should be directed towards
developing preventive measures to deal with shortcomings in systems and practices,
and should be practicable.19
71.
Since recommendations to the responsible authorities following the visit currently
remain confidential until their publication in the Annual Report, the NPM should develop a
strategy for presenting its visit reports to the authorities for timely publication and
distribution and for using them as a platform for dialogue.20
72.
Pursuant to paragraph 36 of its Guidelines on national preventive mechanisms,
the SPT recommends that the NPM set up procedures for regular follow up to its
recommendations, with the relevant authorities and, insofar as possible, in
conjunction with other relevant stakeholders.
73.
The SPT hopes that its recent advisory visit and the present report will mark the
commencement of a constructive dialogue with the NPM of Germany.
74.
The SPT stands ready to assist the NPM, as far as it is able, in their common goal of
prevention of torture and ill-treatment and by translating preventive commitments into
practical reality.
18
19
20
12
CAT/OP/12/5, para. 36.
CAT/OP/1, para. 20.
CAT/OP/1, para. 21; CAT/OP/12/5, para. 38.
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