tial information; in particular members of the National Agency may not be obliged to testify as witnesses in court in this regard (cf. section 160 subs. 4 of the Code of Criminal Procedure [StPO]). The recommendations made by the National Agency are implemented in line with Article 22 OP-CAT, under which the competent authorities must examine the recommendations and enter into a dialogue with the National Agency on their implementation. This takes place in practice by means of a statement on the part of the competent Ministry on the state of implementation. Article 23 OP-CAT, finally, obliges the States to publish and disseminate the Annual Reports of the national preventive mechanisms. Because of its currently limited funding and staffing (cf. also II.3.), the National Agency is however not able to carry out the tasks assigned to it in the Optional Protocol to the degree stipulated by law. Hence, for instance, it cannot immediately review the implementation of the recommendations by follow-up visits, but must rely on accepting the information provided by the Ministries regarding implementation as accurate. Nonetheless, it will, wherever possible, re-inspect facilities which it has already visited in order to convince itself in situ that its recommendations have been implemented. It is also not possible to submit proposals for statutes or on legal provisions which are in the draft stage, given the current staffing situation. 3. Provision with staff and funding The National Agency has five honorary members and a full-time Secretariat, which is headquartered in Wiesbaden. In organisational terms, it is part of the Centre for Criminology (Kriminologische Zentralstelle e.V. – KrimZ), a research and documentation facility of the Federation and the Länder. The National Agency uses the existing infrastructure (such as the library) of the Centre for Criminology and receives considerable support from the latter, especially in terms of budgeting, accounting and personnel. This is set out in section 4 of the administrative agreement. The Federal Agency is funded from the budget of the Federal Ministry of Justice. The Federal Agency has at its disposal EUR 100,000.00 in funds per year. Euro 200,000 are available for the Commission of the Länder, provided by the individual Federal Länder in proportions determined by the Königstein Key. The budget of the National Agency makes it possible to appoint a maximum of three full-time research associates and one administrative assistant. The Administrative Order provides for only one person to act as the honorary Director of the Federal Agency and makes no provision for a deputy. The Director of the Federal Agency, Klaus Lange-Lehngut, is hence responsible for roughly 360 detention facilities of the Federation and is the sole representative of the Federal Agency. Should he be absent, for instance through illness, no inspection visits can therefore be carried out. As far as can be determined from the figures submitted by the Länder, the four members of the Commission of the Länder are responsible for the inspection of 186 prisons (plus the affiliated complexes), as well as nine facilities for the detention of persons awaiting deportation, 1,430 Land police facilities, 245 psychiatric hospitals, 81 prison clinics for the placement of offenders with mental disorders in psychiatric institutions and roughly 16 closed facilities for youth welfare. How many of the approximately 11,000 long-term facilities for the elderly have closed wings, which should also be inspected, does not yet emerge from the reports available from the Länder. There is hence no possibility to make regular visits, as called for by the Optional Protocol, given the National Agency’s current staffing situation. It can therefore only do limited justice to the mul- 13

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