THE NATIONAL AGENCY IN THE INTERNATIONAL CONTEXT
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Access to all information referring to the
treatment of these persons as well as their
conditions of detention;
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Access to all places of detention, their installations and facilities;
The opportunity to hold private interviews
with persons deprived of their liberty without witnesses, either personally or, where
deemed necessary, through an interpreter, as
well as with any other persons whom the
National Agency believes may supply relevant information;
The liberty to choose the places it wishes to
visit and whom its wishes to interview;
To maintain contact with the UN Subcommittee on Prevention of Torture, to send it
information and to meet with it.
Under Article 21 para. 1 of the OPCAT, no person
who has communicated any information to the
National Agency may be prejudiced in any way or
subject to any sanctions. The members and staff of the
National Agency are also obliged to maintain secrecy
beyond their term of office.
2 – THE NATIONAL AGENCY IN THE
INTERNATIONAL CONTEXT
The National Agency is Germany’s national preventive mechanism pursuant to Article 3 of the OPCAT.
Each State Party to the OPCAT is required to establish such a mechanism, which may comprise one or
several facilities. The National Agency engages in a
regular exchange with numerous other preventive
mechanisms.
recommendations in respect of protecting people
deprived of their liberty against torture and other
cruel, inhuman or degrading treatment or punishment. To this end it essentially has the same powers as
the national preventive mechanisms. Second, it may
also conduct visits to support the States Parties in
setting up their national preventive mechanisms and
to offer them training and technical assistance.
2.1 – WORLDWIDE TORTURE
PREVENTION
2.2 – THE NATIONAL AGENCY’S
INTERNATIONAL ACTIVITIES
As at the end of 2015, the OPCAT had 98 signatory
states and had been ratified by 80 states.
Of these 80 States Parties, 63 have already designated a national preventive mechanism based on one
of three models: Under one model, the remits of existing ombuds institutions were extended to include the
prevention of torture (e.g. in Sweden, Austria and
Spain); secondly, various existing monitoring mechanisms were combined to create a national preventive
mechanism (e.g. in the United Kingdom); a third
group of states, including France, Switzerland and
Germany, established new national preventive
mechanisms.
A preventive mechanism was also set up at the
United Nations, namely the Subcommittee on
Prevention of Torture (SPT). It comprises 25 members who are nominated and elected by the States
Parties. Since 2012 the SPT has shared out its regional
competences amongst its members.
The SPT may visit the States Parties for two reasons: First, like the European Committee for the
Prevention of Torture (CPT), it can visit places of
detention in the States Parties with the aim of making
Representatives of the National Agency were again
involved in various international activities in the period under review. For instance, the National Agency
was represented at an event to mark the 25th anniversary of the CPT. Also, members of the Secretariat
took part in conferences in Vienna on issues connected with the implementation of recommendations
made (see 4.1 below), in Istanbul on setting up
Turkey’s national preventive mechanism and in
Bristol on the “Bangkok Rules” (the United Nations
Rules for the Treatment of Women Prisoners and
Non-custodial Measures for Women Offenders).
Further, the exchange between the national preventive mechanisms of Austria, Switzerland and of
Germany which was launched in 2014 continued at
the invitation of the Austrian Ombudsman Board.
The Ombudsman Board invited representatives of the
Swiss National Commission on the Prevention of
Torture and the National Agency to Vienna for a
meeting from 28 to 30 October 2015. The meeting
focused on the conduct of visits to care homes and
nursing homes for the elderly in which measures de-
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