transit zones at international airports, closed homes for children and juveniles, as well as closed wards in homes for the elderly and long-term care homes.7 The mandate of the Federal Agency covers detention facilities of the Federal Police (Bundespolizei), the Federal German Defence Forces (Bundeswehr) and of the customs authorities. The Commission of the Länder is responsible for all other detention facilities. The powers of the National Agency accrue from Articles 19 and 20 OP-CAT (read in conjunction with No. 3 of the Administrative Order and Art. 2 of the State Treaty). In accordance with Article 19, the National Agency is hence empowered x x x to regularly monitor the treatment of persons who have been deprived of liberty in places where people are deprived of their liberty within the meaning of Article 4 with the aim in mind of where necessary increasing the protection of these persons against torture and other cruel, inhuman or degrading treatment or punishment; to make recommendations to the competent authorities with the aim in mind of improving the treatment and the conditions of persons who have been deprived of their liberty and to prevent torture and other cruel, inhuman or degrading treatment or punishment in compliance with the relevant regulations of the United Nations; to make proposals and observations on existing or proposed legal provisions. In accordance with Article 20 OP-CAT, the States Parties are obliged to grant to the national preventive mechanisms, that is the Federal Agency and the Commission of the Länder, x x x x x x access to all information concerning the number of persons deprived of their liberty in places of detention as defined in article 4, as well as the number of places and their location; access to all information referring to the treatment of those persons as well as their conditions of detention; access to all places of detention and their installations and facilities; the opportunity to have private interviews with the persons deprived of their liberty, either personally or with a translator if deemed necessary, as well as with any other person who the national torture preventive mechanism believes may supply relevant information; the liberty to choose the places they want to visit and the persons they want to interview; the right to have contacts with the Subcommittee on Prevention, to send it information and to meet with it. Further important rights and guarantees are set out in Articles 21 and 22 OP-CAT. In accordance with Article 21 para. 1 OP-CAT, persons who communicate information to the National Agency are not to be sanctioned or otherwise prejudiced in any way. This applies regardless of whether the information proves to be true or false, so that for instance prosecution in accordance with sections 164 and 185 et seq. of the Criminal Code (Strafgesetzbuch – StGB) or the ordering of disciplinary measures in accordance with sections 102 et seqq. of the Prison Act (Strafvollzugsgesetz – StVollzG) is ruled out.8 Furthermore, Article 21 para. 2 OP-CAT guarantees the protection of confidential information collected by the National Agency in the context of its work. Personal data are not published without the express consent of the person concerned. Also, no evidence may be taken with regard to such confiden7 8 draft Bill of the Federal Government re OP-CAT, Bundestag printed paper (BT-Drs.) No. 16/8249, p. 27 draft Bill of the Federal Government re OP-CAT, Bundestag printed paper No. 16/8249, pp. 31 and 34 12