So far, almost all visits have given rise to a number of recommendations, in some cases against the background of unacceptable problems. A detailed list of the recommendations and of the reactions of the supervisory authorities as to their implementation can be found in Parts C and D of this report. III. Inspection of the files As has already been stated, during their inspection visits the members of the National Agency regularly inspect files of individuals who are deprived of their liberty. In prisons, these are generally files on individuals who have been accommodated in the specially-secured cell or in a disciplinary detention cell, for whom solitary confinement has been ordered or on whom disciplinary measures have been imposed. When inspecting police units, those files are particularly important which document special incidents such as fixation or attempted suicide. Furthermore, complaints against officers are important. The Commission of the Länder twice encountered difficulties with regard to the inspection of files or when enquiring about incidents in two cases when inspecting police units. At one police station, it was noticed during the inspection of the detention documentation that the detention record only contained general information on the individuals in custody. It did not note special incidents such as fixation, which according to the statement of the officers were only mentioned in reports on the individual incidents. The request of the Commission of the Länder to inspect the reports kept at the station was not complied with. At another police station, the Commission of the Länder also requested to inspect a selection of complaints against police officers of the unit. Here too it was informed that the complaints were with the competent public prosecution office since, as a rule, such complaints led simultaneously to criminal charges. In this case, the Commission of the Länder applied to inspect the files at the public prosecution office with regard to the complaint, and this request was indeed met. After viewing the files, the Commission of the Länder requested a statement with regard to two of these incidents. At least one of the two cases has not yet been adequately clarified. Inspection of files and documents is fundamental to the activity of the National Agency. It can only carry out its job of preventing mistreatment and inhuman or degrading treatment if it is provided with all the information relevant to do so. Complaints and the conduct of officers which they document, as well as special incidents in connection with the deprivation of liberty, are particularly important here. The right of the National Agency to access all relevant information is set out in Article 20 para. b of the Optional Protocol. This reads as follows: “In order to enable the national preventive mechanisms to fulfil their mandate, the States Parties to the present Protocol undertake to grant them: […] Access to all information referring to the treatment of those persons as well as their conditions of detention.”. When requesting to inspect files from the public prosecution office, the National Agency is not concerned with evaluating the accusations in criminal law terms, but merely with the treatment of the individuals in custody. The reference to the public prosecution office however leads to a considerable delay in providing the necessary documents, and hence makes the inspection visits in situ more difficult. This also considerably delays the quick drafting of the reports by the National Agency. 17

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