B.
Implementation of the National Agency’s inspection visits
All in all, 42 inspection visits took place in the period under review from 1 May 2010 to
31 December 2011. The Federal Agency inspected 17 facilities of the Federal Police (including return areas at airports and observation of the transfer of returnees onto the aircraft), five
Federal Armed Forces barracks and two customs investigation offices. The Commission of
the Länder inspected seven prisons, eight police units of the Länder, two psychiatric clinics
and a facility for detention awaiting deportation. The prisons included one youth prison and
two women’s prisons with a mother-and-child wing. The department for persons held in preventive detention was also inspected in one of the facilities. This enabled the Commission of
the Länder to already inspect most of the different categories of facilities falling within its remit in the first year of its existence. Only facilities of youth welfare and long-term care homes
have not yet been visited. More information regarding the methods and the precise procedure adopted in the respective inspection visits is provided in B.IV.
I.
Basis
The National Agency applies above all valid German law, the case-law of the Federal Constitutional Court and that of the Federal and Higher Regional Courts when carrying out its visits.
Furthermore, where appropriate the National Agency includes international agreements relevant to its remit, as well as international case-law including that of the European Court of
Human Rights. Equally, it includes the recommendations of the Subcommittee on the prevention of torture and of the European Committee for the Prevention of Torture (CPT), in its
decision-making.
The requirements as to the planning and implementation of visits are contained in the rules
of procedure of the Commission of the Länder, as well as in the working guidelines of the
Federal Agency. Borrowing from the “Standards”13 developed by the CPT, a detailed list of
questions was drawn up which is used as a basis for work in visits and updated on a continual basis.
The places to be visited are selected according to several criteria. As a matter of principle,
the Federal Agency and the Commission of the Länder, in line with their preventive mandate,
visit as many facilities as possible which have a wide range of tasks. Efforts are furthermore
made to ensure a suitable geographic spread. The Federal Agency deviates from this in the
sense that it does not make a selection from among the Federal Länder, but orientates itself
towards the assignments made by the Federal Police, the Federal Armed Forces and the
customs authorities. The main results of the individual inspection visits can be found in items
C and D.
II.
Procedure followed in the inspection visits
For the implementation of the National Agency’s inspection visits, a fixed system has become established as experience has increased. However, the visiting procedure varies, depending on the type of facility to be visited and the local circumstances. The following description of the visiting procedure particularly relates to the inspection of prisons, to detention
13
Council of Europe, 2006, The Standards of the CPT (hereinafter CPT Standards).
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