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

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