CAT/OP/DEU/2 38. The inspection visits to places of deprivation of liberty are generally of one day only, including to large establishments of 300 to 400 inmates. 39. The SPT recommends to the NPM that it ensures that the time it spends conducting a visit to a place of detention is commensurate to the size, character and complexity of the place concerned. 40. The SPT observed that the NPM did not seek to obtain access to all necessary documentation including detainee and incident registers and medical records. The SPT also observed problems in accessing files of detainees, including medical records due to their absence or the manner in which records are currently kept. 41. The SPT recommends that the NPM seek prompt, regular and unhindered access to information on detainees during its visits, including the incident registers and medical records which should be kept at every place of detention, in addition to the personal files of each detainee. Federal Agency 42. The current size of the Federal Agency, comprising one honorary member, is inadequate and a matter of concern, since it is responsible for some 370 places of detention. 43. The SPT recommends to the NPM that it seeks to expand the membership of the Federal Agency to reflect the number of institutions within its mandate. 44. Visits by the Federal Agency to places of deprivation of liberty are generally announced in advance, last a maximum of one day and take place during working hours, although a night-time visit has been undertaken at Berlin Schönefeld Airport. 45. The SPT recommends that Federal Agency visits be primarily unannounced in order to assist it ascertain the real situation of persons deprived of their liberty, and that the visits be carried out at various times, including during the hours of night. Joint Commission 46. The current size of the Joint Commission, which is comprised of four honorary members, is also a matter of concern, since it is responsible for monitoring some 13.000 places of deprivation of liberty. 47. The SPT encourages the Joint Commission to advocate for and pursue its recommendations made to the 2013 Conference of the Ministers of Justice of the States that the membership of the Joint Commission be substantially expanded proportionally to the number of institutions within its mandate.13 Methodological recommendations 48. In order to advise and assist the NPM in its task of protecting persons deprived of their liberty, the SPT makes the following recommendations concerning the preparation of visits, methods to be used during a visit and steps to be taken following their completion. Preparation for visits 49. The NPM, as a collegial body of experts, should establish a work plan or programme which, over time, encompasses unannounced and follow-up visits with an appropriate 13 Following its visit to Germany, the SPT was informed that the Conference of Ministers of Justice, held in June 2013, had taken a decision to reinforce the Joint Commission by additional expertise, increasing the number of honorary members to eight for this purpose. 9

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