Foreword In accordance with the Optional Protocol to the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment of 18 December 2002 (OP-CAT)1, the National Agency for the Prevention of Torture is tasked with implementing regular preventive visits for the prevention of torture and other cruel, inhuman or degrading treatment or punishment in places of detention. The National Agency consists of the Federal Agency, which is responsible for facilities of the Federation, and the Joint Commission, which is responsible for facilities of the Länder. It is to submit the joint Annual Report of the Federal Agency and the Joint Commission to the Federal Government, the German Bundestag, the Länder Governments and the Länder Parliaments. This Report covers the period from 1 January 2012 to 31 December 2012. The Report is to be preceded by three core messages: The National Agency was unable to find any signs of torture, but did identify a number of unacceptable shortcomings. It made many recommendations to the supervisory authorities in order to improve the situation of persons being detained, important parts of which have been implemented. The National Agency is unable to do justice to its statutory task of implementing regular visits with the resources currently available. It is certainly unable to live up to the standard of taking on a pioneering role in expanding human rights protection as envisioned by the Federal Government with the approval act to the Optional Protocol.2 With only five members working on an honorary basis and funds for only three research associates and one administrative assistant, the capacity available is completely inadequate for regular visits to several thousand detention facilities. In 2012, the National Agency visited a total of 45 facilities where people are deprived of their liberty. Nationally, roughly 13,000 facilities are within the remit of the National Agency. 1,300 inspection visits per year would have to be carried out in order to visit each of these facilities at least once every ten years. The Chairman of the Joint Commission approached the Chairman of the Conference of Ministers of Justice by letter dated 10 February 2012 requesting a debate on increasing the budget of the National Agency. On 15 November 2012, the Conference of Ministers of Justice requested the chairing Land Hesse to examine, with the involvement of the Federation, whether and if so to what extent an improvement in the resources of the Commission appears to be necessary, as well as how any improvement could be implemented, and to sub- 1 2 Resolution of the UN General Assembly A/RES/57/199 of 18 December 2002. Bundestag printed paper (BT-Drs.) 16/8249, p. 25. 7