CAT/OP/DEU/2
I. Introduction
1.
In accordance with its mandate set forth in the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(hereinafter referred to as “the Optional Protocol”), members of the Subcommittee on
Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
(hereinafter referred to as “the SPT”) visited the Federal Republic of Germany (hereinafter
referred to as “Germany”) from 8 to 12 April 2013.
2.
The SPT was represented by the following members: Ms. Mari Amos, Ms. Aisha
Shujune Muhammad (Head of the delegation), Mr. Felipe Villavicencio Terreros and Mr.
Victor Zaharia.
3.
The SPT was assisted by two human rights officers and one logistics officer from
the Office of the High Commissioner for Human Rights (OHCHR), as well as four local
interpreters.
4.
The primary objective of the visit was to provide advisory services and technical
assistance to the national mechanism for the prevention of torture and other cruel, inhuman
or degrading treatment or punishment (hereinafter referred to as “the national preventive
mechanism – the NPM”) of Germany, in accordance with article 11 (b) of the Optional
Protocol. The visit was intended to assist in strengthening the capacity and the mandate of
the NPM, including through a review of its working methods, and in the evaluation of the
needs and the means necessary to strengthen the protection of persons deprived of their
liberty from torture and other cruel, inhuman or degrading treatment or punishment in
Germany. Another aim of the visit was to assess the strategies to address the current
challenges and difficulties faced by the NPM, taking due account of the SPT “Guidelines
on the national preventive mechanisms.”1
5.
This report sets out a series of recommendations for the National Agency for the
Prevention of Torture (hereinafter referred to as “the National Agency”), which is the
national preventive mechanism of Germany. The National Agency consists of the Federal
Agency for the Prevention of Torture (hereinafter referred to as “the Federal Agency”),
which monitors the places of deprivation of liberty under the jurisdiction of the Federation;
and the Joint Commission for the Prevention of Torture (hereinafter referred to as “the Joint
Commission”), which monitors the places of deprivation of liberty under the jurisdiction of
the States (Lӓnder). These recommendations are made in line with the SPT mandate to offer
training and technical assistance and to advise and assist NPMs, in accordance with article
11 (b), subparagraphs (ii) and (iii), of the Optional Protocol.
6.
This report is being sent to the NPM on a confidential basis; it will be up to the
Federal Agency and the Joint Commission to decide whether or not to make it public. The
SPT does, however, recommend that the NPM make the report public and requests
that it be notified of the NPM decision in that regard.
7.
The SPT will send a separate confidential report to the German authorities in which
it will make recommendations to the State Party. The SPT wishes to express its gratitude to
the National Agency for its cooperation and the facilitation of the visit.
1
CAT/OP/12/5.
3