CAT/OP/DEU/1
23.
The SPT observes that the title of the NPM – the National Agency for the
Prevention of Torture – implies it is focussing on the possibility that torture is taking place,
and prompting a defensive reaction from many quarters which hinders the effective
functioning of the NPM.
24.
Noting that the mandate of the NPM under the Optional Protocol is to engage
in the prevention of torture and other cruel, inhuman or degrading treatment or
punishment, the SPT recommends adjusting the title of the NPM to fully reflect its
mandate, taking into account the socio-cultural sensitivities of the country.
25.
The SPT is particularly concerned about the inadequate budgetary and personnel
resources allocated to the NPM, as referred above (paragraph 17). While the SPT is aware
that there is a proposal to increase the size of the Federal Agency to 2 members, by
appointing a deputy to the head of the Federal Agency, it should be understood that the
Federal Agency’s mandate extends to some 370 institutions. Therefore, even this increase
of 100% will do little to ease the burden that the Federal Agency currently faces. This is
also the case for the Joint Commission which has 4 members and a mandate which extends
to some 13,000 places of detention.
26.
The SPT recommends that the size of the NPM and its support staff base be
increased so that its capacity reflects the number of places of detention within its
mandate, as well as be sufficient to fulfil its other essential mandated functions under
the Optional Protocol.9
27.
The SPT reminds the State Party that the provision of adequate financial and human
resources constitutes a legal obligation under Article 18, paragraph 3, of the Optional
Protocol. In this context, the SPT notes that the Hessian Ministry of Justice has considered
providing the NPM with additional staff and funding. Moreover, the SPT noted the
readiness of the Federal Government to consider an increase in the share of funding
allocated to the NPM as part of a re-negotiation of the administrative agreement with the
States. The SPT wishes to be informed on the outcomes of any such initiatives.
28.
The SPT wishes to be informed, as a matter of priority, about the steps taken to
provide the NPM with adequate financial and personnel resources to allow for its
complete financial and operational autonomy. Noting that the Federal Government
acknowledged that the resources available to the Joint Commission, with its broad
mandate, meet only minimal requirements, the SPT also wishes to learn about the
steps taken by the State Governments to improve the Joint Commission's financial
situation.
29.
High turnover of the NPM members due to frequent resignations from the Joint
Commission is a matter of concern. Resignations by the members who serve on honorary
basis were explained as being the result of the lack of appropriate resources allocated to the
mechanism and the lack of availability of some members due to their daily professional or
other personal commitments. The SPT is of the view that this situation affects the ability to
establish an effective professional NPM, as it cannot guarantee the continuity of the NPM
work over time.
30.
The SPT recommends that necessary arrangements, including legislative
changes be made if necessary, to ensure that members of the NPM should be available
to perform their functions and serve the mechanism efficiently, as provided for in
Article 5, paragraph 6, of the Optional Protocol.
9
6
Following its visit to Germany, the SPT was informed that the Conference of Ministers of Justice,
held in June 2013, had taken a decision to reinforce the Joint Commission by additional expertise,
increasing the number of honorary members to eight for this purpose.