IV.
Submission of recommendations and reactions by the authorities
Each inspection visit is followed by the National Agency drawing up a report. The latter is
addressed to the competent supervisory authority and is also forwarded to the visited facility
for its information. In accordance with Article 22 OP-CAT, authorities are obliged to examine
the recommendations of the National Agency and to enter into a dialogue on them.
Initial suggestions and recommendations of the National Agency were already taken up in
situ in some cases. As a matter of principle, however, the supervisory authority in question
makes statements on the report and provides information on the implementation of the recommendations by the facility visited. The experience of the National Agency here is that the
response to the visit reports takes place at the ministerial level as a rule. This is welcome as
it makes clear the considerable significance attached to the topic there. However, this statement was not made in a timely manner in all cases. The request for documents even had to
be repeated in some cases. The Commission was unable to draft the visit report until the
documents had been provided. In future, therefore, the National Agency will have already
requested a statement as to when it may expect a statement when it sends the report. It considers a processing period of four weeks after receipt of the report to be appropriate here as
a rule. The content of the responses of the supervisory authorities was unsatisfactory in several cases. Some did not explore the shortcomings that had been ascertained. The National
Agency has not been able to follow up in all cases so far because of its restricted staffing
capacity.
The supervisory authorities were however frequently very open to the recommendations.
This makes it clear that the activity of the National Agency is taken seriously and that the
system of regular inspection visits can indeed lead to an improvement in the conditions for
individuals in custody.
In addition to submitting recommendations, it is also the job of the National Agency to examine their implementation, for instance through a follow-up visit. However, as has already been
noted, this is currently only possible to a very limited degree because of the current staffing
situation. The National Agency however presumes that where a Ministry has announced that
it will examine a circumstance, the outcome of this examination will be provided without being requested.
V.
The spotlight of the visits by the National Agency and examples of
best practice
As a matter of principle, the attention of the National Agency in an inspection is focussed on
the general accommodation conditions, and particularly on measures which can lead to a
tightening up of detention conditions. Furthermore, security concepts, as well as therapeutic,
suicide and violence prophylactic concepts, are informative. Moreover, specific foci emerge
from the respective area of responsibility of the facilities which must be taken into account in
an inspection visit. In the long term, the activity of the National Agency is also to promote an
exchange of particularly successful practical examples between the Länder. The examples
below can only provide an initial insight into the concrete implementation practice. The National Agency is very much interested in further positive examples.
Prisons
The following inspection spotlights relate mainly to prisons since the Commission of the Län-
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