GENERAL INFORMATION ABOUT THE WORK OF THE NATIONAL AGENCY
1 – BACKGROUND
The National Agency for the Prevention of Torture
(National Agency) operates at the interface between
German national law and the relevant international
treaties, primarily the Convention against Torture
and other Cruel, Inhuman or Degrading Treatment or
Punishment (UN Convention against Torture). The
National Agency’s special status and further background information regarding its structure are outlined in the following.
out their activities, and are supported in this by the
Secretariat. They hold regular joint working sessions
to that end.
1.2 – TASKS
The principle task of the National Agency is to visit
those facilities in which people are deprived of their
liberty (“places of detention”), to draw attention to
problems, and to make recommendations and suggestions to the authorities for improving the situation of
detainees and for preventing torture and other illtreatment. Under Article 4 para. 1 of the OPCAT, a
place of detention is any place under a State Party’s
jurisdiction and control where persons are or may be
deprived of their liberty, either by virtue of an order
given by a public authority or at its instigation or with
its explicit consent or acquiescence.
At the federal level this definition encompasses all
of the approx. 280 detention facilities operated by the
Federal Armed Forces, Federal Police and customs
authorities. The Federal Agency is also responsible for
monitoring forced returns being accompanied by the
Federal Police. The overwhelming majority of places
of detention, however, fall within the remit of the
Joint Commission. As of December 2015 these comprised 184 organisationally independent prisons,
approx. 1,270 Land police stations, all courts with
holding cells, seven facilities enforcing custody pending deportation, approx. 550 psychiatric units in specialist clinics and general hospitals, 28 child and youth
welfare facilities with closed units, and closed homes
for people with disabilities. The around 10,900 residential care homes and nursing homes for the elderly
where measures depriving people of their liberty are
or can be enforced are also classed as places of detention under the above definition.
As well as conducting its visits, the National Agency
is also tasked with making suggestions and observations regarding both existing and draft legislation.
1.1 – INSTITUTIONAL FRAMEWORK
The objective of preventing torture and illtreatment is laid down in the Optional Protocol to the
Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment
(OPCAT). It supplements the UN Convention
against Torture of 1984 by means of a preventive
approach. Article 3 of the OPCAT requires that the
States Parties set up, designate or maintain a national
preventive mechanism. These mechanisms complement the work of the UN Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT), which was also
established on the basis of the OPCAT. The National
Agency was set up to act as Germany’s national preventive mechanism. It comprises the Federal Agency
for the Prevention of Torture (Federal Agency), which
is responsible for facilities run at federal level, and the
Joint Commission of the Länder for the Prevention of
Torture (Joint Commission), which is responsible for
facilities at Länder (federal state) level.
Under Article 18 of the OPCAT, the States Parties
are obliged to guarantee the functional independence
of the preventive mechanisms and to make available
the necessary financial resources.
The members of the Federal Agency are appointed
by the Federal Ministry of Justice and Consumer
Protection, the members of the Joint Commission by
the Conference of Ministers of Justice of the Länder.
Members are subject to no technical or legal supervision and are independent in the exercise of their functions. They act on an honorary basis and may resign
their office at any time. They may only be removed
before the end of their term in office subject to the
strict conditions set out in sections 21 and 24 of the
German Judiciary Act. The National Agency has a
Secretariat staffed with full-time employees and is
based in the Centre for Criminology (KrimZ) in
Wiesbaden.
The Federal Agency and the Joint Commission
work closely when it comes to planning and carrying
1.3 – POWERS
Pursuant to the rules set out in the OPCAT, the
Federal Government and the Länder grant the
National Agency the following rights:
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Access to all information concerning the
number of persons being deprived of their
liberty at places of detention as defined in
Article 4 of the OPCAT, as well as the number of places of detention and their location;
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