CAT/OP/DEU/2
II. Recommendations for the national preventive mechanism
8.
The planning of the SPT advisory visit was a joint undertaking, as both the NPM
and the SPT agreed in advance on the agenda of the joint meetings. Those meetings
allowed the SPT to understand the achievements and challenges as well as the legal,
structural and institutional obstacles faced by the NPM, along with its working methods.
9.
During the course of the visit, joint site visits to two places of detention were
conducted.2 The places of deprivation of liberty were chosen by the representatives of the
Federal Agency and the Joint Commission. This permitted the SPT to analyse the
methodology of the visiting teams of the two components of the NPM. During the joint
visits, members of the SPT adopted a role of observers, while members of the Federal
Agency and the Joint Commission led the visits.
10.
In addition to visiting places of deprivation of liberty, members of the SPT held
meetings with a number of Federal and State officials and civil society organizations to
discuss institutional aspects of the NPM and its relationship with other bodies, without
presence of the representatives of the Federal Agency and the Joint Commission.
11.
The SPT welcomes that both the Federal Agency and the Joint Commission strive
for a non-bureaucratic approach, making recommendations on specific concerns to the
authorities responsible for the places of deprivation of liberty visited. It is also welcome
that the relevant authorities appear to respond positively and implement the majority of
recommendations made by the NPM.
12.
The SPT also welcomes the willingness of the NPM to voice criticism and
encourages it to actively look for solutions to complex issues such as preventive detention,
detention pending deportation or application of solitary confinement. The SPT observes
that the Federal Agency and the Joint Commission have, since their foundation, conducted
some 98 visits of places of deprivation of liberty. However, some institutions including the
houses for elderly could not be visited due to insufficient resources and expert capacity
currently available to the NPM. This should be addressed.
13.
The Federal Agency and the Joint Commission appear to have a great deal of
potential as a NPM, which can be further developed if it is given the human and financial
resources that it needs to exercise its mandate, to build its technical capacities, to improve
the methodology for visiting facilities and to enhance the scope of the reports it prepares on
those visits.
14.
At the same time, the SPT noted the need for the Federal Agency and the Joint
Commission to further elaborate a strategic development plan to reflect on their respective
achievements and strategies to address the current challenges. In addition, the SPT
recommends that both entities improve the preparations of their visits to be primarily
unannounced and that they consider monitoring the material as well as legal
conditions of deprivation of liberty since they are equally important. Accordingly, the
SPT is of the view that the members and staff of the NPM should be required to review
jointly their working methods on a regular basis and undertake further training in order to
enhance their ability to efficiently perform, collectively and individually, the functions
entrusted to them under the Optional Protocol.3
2
3
4
The national preventive mechanism visited the Federal Police Station in Mainz, under the Federal
jurisdiction, and the Detention Pending Deportation Centre in Mannheim Prison, under the State
jurisdiction.
CAT/OP/12/5, para. 31.