CAT/OP/DEU/2 legislation that relates to the prevention of torture and other forms of ill-treatment. To that end, it should have a strategy for setting priorities and should follow up on its comments and recommendations.9 The SPT also recommends that the NPM present proposals to amend the decree of the Federal Ministry of Justice of 20 November 2008 and the State Treaty between the 16 Länder of 24 June 2009, and other legal acts as relevant, in order that those acts clearly reflect the mandate of the NPM to submit proposals and observations concerning existing or draft legislation related to its mandate. The NPM should also actively advocate for such an outcome. 34. The SPT noted with appreciation the distribution by the Joint Commission of a leaflet on the NPM. However, the SPT observed that the authorities in charge of places of deprivation of liberty, persons deprived of liberty and civil society do not clearly understand the role of the mechanism and the distinct roles between the Federal Agency and the Joint Commission as two parts of a single collegial body. The lack of visibility of the NPM may have a detrimental effect on its efficiency. 35. The SPT recommends that the NPM increase its institutional visibility, design a strategy for making its mandate and work known to the general public and develop a simple, accessible procedure through which the general public can provide it with relevant information.10 The SPT also recommends elaborating and distributing further materials on the mandate and activities of the NPM, in various languages, to the detention personnel and detainees and to the civil society at large, including associations of former service users, lawyers and the judiciary. In addition, the NPM should widely disseminate its Annual Reports, and transmit them to the SPT in accordance with Article 23 of the Optional Protocol.11 The NPM should also increase its contacts and cooperation with other national and international stakeholders, including relevant ministries, and NPMs of other countries. 36. The SPT is aware of other institutional, structural and legislative constraints which affect the work of the NPM, such as the lack of a sufficient travel budget, inadequate capacity to exercise follow-up visits and the lack of an adequate administrative support team for the members of the Federal Agency and the Joint Commission. The SPT is concerned that some of the federal institutions have tried to support the mechanism by providing logistical support and transportation, making the NPM dependent on the practical means provided by the federal administration. The SPT reminds that the provision of adequate financial and human resources constitutes a legal obligation of the State Party under Article 18, paragraph 3, of the Optional Protocol. 37. The SPT recommends that the NPM engage in a proactive manner with the Federal and State Justice authorities and any other relevant institutions, in particular the Parliamentary Commission on Human Rights, with a view to eliminating any institutional, structural or legal constraints, including the current lack of adequate financial and personnel resources of the NPM. As a matter of priority, the SPT wishes the NPM to inform it of the strategies it has adopted and steps it is taking to seek additional financial and personnel resources, taking into account the experience of other NPMs. It also recommends that the NPM request an increase in the budget in order to enable it to its own premises as well as help secure and enhance its functional and perceived independence.12 9 10 11 12 8 CAT/OP/12/5, para. 35. CAT/OP/1, para. 33. CAT/OP/12/5, para. 36 and 40. CAT/OP/12/5, para. 12.

Select target paragraph3