5 Administrative Order of the Federal Ministry of Justice of 20 November 2008
1.
A Federal Agency for the Prevention of Torture (Federal Agency) shall be
established which is to be designated to the United Nations as the National Preventive Mechanism within the meaning of Article 3 of the Optional Protocol of 18
December 2002 on the Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment of 10 December 1984 (Optional Protocol).
2.
The Federal Agency shall have the task of visiting places under federal
jurisdiction where people are deprived of their liberty within the meaning of Article 4 of the Optional Protocol in order to prevent torture, draw attention to
problems and where appropriate make recommendations for improvements.
3.
The Federal Agency shall have the rights and powers designated in Articles 19 and 20 of the Optional Protocol.
The Federal Agency may make recommendations to the competent authorities to
improve the conditions for persons who have been deprived of their liberty. The
authorities shall be obliged to examine these recommendations carefully and to
make a statement to the Federal Agency within a suitable period.
Together with the Joint Commission on the Prevention of Torture, the Federal
Agency shall draw up an Annual Report which shall be forwarded to the Federal
Government, the Land Governments, the German Federal Parliament and the
Länder Parliaments.
4.
The Director of the Federal Agency shall act on an honorary basis. He/she
shall be independent and not subject to any instructions. Compensation for expenditure and costs shall be granted in accordance with the provisions contained
in the Federal Travel Expenses Act.
5.
The Director of the Federal Agency shall be nominated by the Federal
Ministry of Justice in agreement with the Federal Ministry of the Interior and the
Federal Ministry of Defence for a period of office of four years. Re-nomination
shall be possible.
The Director may renounce his/her office at any time. Prior to expiry of the period of office, dismissal against the will of the Director may only be effected subject
to the provisos of section 24 of the of the German Judiciary Act by the Federal
Ministry of Justice in agreement with the Federal Ministry of the Interior and the
Federal Ministry of Defence. In this case, the Federal Ministry of Justice shall
nominate a successor for the remaining period of office in agreement with the
Federal Ministry of the Interior and the Federal Ministry of Defence.
6.
The Federal Agency shall have at its disposal a secretariat which shall
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