and 24 June 2010 and officially took up office on 24 September 2010. The Commission of the Länder is chaired by Prof. Dr. Hansjörg Geiger, Staatssekretär ret. Additional members are Dipl.-Psych. Elsava Schöner, Leitende Regierungsdirektorin ret., Albrecht Rieß, Presiding Judge at Stuttgart Higher Regional Court, and Prof. Dr. Dieter Rössner, University Professor at the University of Marburg. The nomination took place for an initial period of office of four and two years, respectively, so that an extension or re-appointment for two members of the Commission will take place in 2012. A more detailed description of the history is contained in Annex I. II. The foundation created for the work of the National Agency 1. Institutional framework and legal nature The legal and de facto requirements of the National Agency emerge from Article 18 OP-CAT. Accordingly, the States Parties are obliged to guarantee the functional independence of the national preventive mechanism as well as the independence of its personnel. These must also make sufficient funding available to the preventive mechanism to carry out its tasks. The National Agency is one-third funded by the Federation and two-thirds by the Länder. It is not subject to any specialist or legal supervision. In accordance with No. 4 of the Administrative Order and Article 4 of the State Treaty, the Director of the Federal Agency and the members the Commission of the Länder are completely free of instructions in the performance of their office. They work on an honorary basis and may resign from office at any time. However, they may be removed from office early against their will only subject to the prerequisites of sections 21 and 24 of the German Judiciary Act (Richtergesetz – DRiG). In accordance with the administrative agreement, the Federal Agency and the Commission of the Länder must coordinate in the planning and implementation of their projects. To this end, regular working meetings of the entire Agency take place. Joint rules of procedure are to form the basis for the work of the National Agency in future. 2. Tasks and powers The tasks and powers of the National Agency for the Prevention of Torture are set out in the Optional Protocol, which has been transposed into national law, as well as from the Administrative Order of the Federal Ministry of Justice of 20 November 2008 and the State Treaty of 25 June 2009. The National Agency visits “places where people are deprived of their liberty”, draws attention to problems and makes recommendations to the authorities for improvements. In accordance with Article 4 para. 1 OP-CAT, such “places where people are deprived of their liberty” are any place under the jurisdiction and control of the State where persons are or may be deprived of their liberty, either by virtue of an order given by a public authority or at its instigation or with its consent or acquiescence. In accordance with Article 4 para. 2 OP-CAT, for the purposes of the Optional Protocol, deprivation of liberty means any form of detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not permitted to leave at will by order of any judicial, administrative or other authority. This includes in Germany: prisons, closed wings of psychiatric hospitals, police stations, detention facilities of the Federal Armed Forces, facilities of detention awaiting deportation, detention centres for asylum-seekers, 11