the Free State of Thuringia, represented by the Prime Minister, in turn represented by the Minister of Justice,
herewith conclude the following State Treaty:
Preamble
The Federal Republic of Germany signed the Optional Protocol of 18 December
2002 to the Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment(hereinafter referred to as “Optional Protocol”) on 20
September 2006.
The Optional Protocol provides for the establishment of national mechanisms for
the prevention of torture and other cruel, inhuman or degrading treatment or
punishment (hereinafter referred to as “for the prevention of torture”). These
mechanisms are to examine the treatment of persons who have been deprived of
their liberty. Since competence for measures entailing deprivation of liberty in
the Federal Republic of Germany is very largely a matter for the Länder, such
mechanisms are to be established by the Länder and provided with the appropriate powers. It appears expedient in place of individual commissioners of the Länder to create with this Treaty a joint national mechanism within the meaning of
Article 3 of the Optional Protocol (Commission) which is able to act uniformly
vis-à-vis the Federation, the Länder and the United Nations.
Additionally, the Federation establishes a Federal Agency for the Prevention of
Torture as a further national mechanism which shall perform the corresponding
tasks for individuals who have been deprived of their liberty under federal jurisdiction. The Commission shall work closely together with this agency, in particular in reporting.
The Commission is to use the infrastructure of the Centre for Criminology
(Kriminologische Zentralstelle e.V.) as extensively as possible. The necessary secretariat is to be established with the Centre for Criminology.
Article 1 Establishment of the Commission for the Prevention of Torture
The Länder concluding the present Treaty shall establish a Joint Commission for
the Prevention of Torture which shall be designated to the United Nations as the
national mechanism for the prevention of torture within the meaning of Article 3
of the Optional Protocol.
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