However, they may only be removed from office early subject to the prerequisites
of sections 21 and 24 of the German Judiciary Act (Deutsches Richtergesetz).
In accordance with the administrative agreement, the Federal Agency and the
Joint Commission must coordinate the planning and implementation of their
projects. Regular working meetings of the entire Agency take place to this end.
2.2 Tasks and powers
The tasks and powers of the National Agency for the Prevention of Torture are
set out in the Optional Protocol, which has been transposed into national law, as
well as in the Administrative Order of the Federal Ministry of Justice of
20 November 2008 and in the State Treaty of 25 June 2009.
The National Agency visits “places of detention”, draws attention to problems
and makes recommendations to the authorities for improvements. In accordance
with Article 4 para. 1 OP-CAT, such “places of detention” are any place under
the jurisdiction and control of the State 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 consent or acquiescence.
The powers of the National Agency with regard to the facilities referred to at
item I. 1 accrue from Articles 19 and 20 OP-CAT (read in conjunction with No. 3
of the Administrative Order and Art. 2 of the State Treaty). In accordance with
Article 19, the National Agency is hence empowered
to regularly examine the treatment of the persons deprived of their liberty
in places of detention as defined in article 4 of the OPCAT, with a view to
strengthening, if necessary, their protection against torture and other cruel, inhuman or degrading treatment or punishment;
to make recommendations to the relevant authorities with the aim of improving the treatment and the conditions of the persons deprived of their
liberty and to prevent torture and other cruel, inhuman or degrading
treatment or punishment, taking into consideration the relevant norms of
the United Nations;
to submit proposals and observations concerning existing or draft legislation.
In accordance with Article 20 OP-CAT, the States Parties are obliged to grant
to the national preventive mechanisms, that is the Federal Agency and the
Joint Commission,
access to all information concerning the number of persons deprived of
their liberty in places of detention as defined in Article 4 OP-CAT, as well
as the number of places and their location;
14
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents