the Land Schleswig-Holstein, represented by the Prime Minister, in turn represented by the Minister for Justice, Equality and Integration and
the Free State of Thuringia, represented by the Prime Minister, the latter in turn
represented by the Minister of Justice,
conclude the following Administrative Agreement:
Preamble
The Federal Republic of Germany signed the Optional Protocol of 18 December
2002 to the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to as “Optional
Protocol”) on 20 September 2006. The German Federal Parliament approved the
Optional Protocol by Act of 26 August 2008 (Federal Law Gazette II p. 854). The
Federal Republic of Germany deposited the ratification certificate on the Optional Protocol at the United Nations in New York on 4 December 2008. The Optional
Protocol came into force for the Federal Republic of Germany on 3 January2009
(Federal Law Gazette II p. 536).
The Optional Protocol provides for the creation of national preventive mechanisms for the prevention of torture. Their tasks are carried out under the jurisdiction of the Länder by the Joint Commission for the Prevention of Torture in accordance with the State Treaty on the establishment of a national mechanism of
all Länder in accordance with Article 3 of 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 “Joint Commission”), and
are carried out under federal jurisdiction by the Federal Agency for the Prevention of Torture (hereinafter referred to as “Federal Agency”).
The Federal Agency and the Joint Commission shall together form the National
Agency for the Prevention of Torture. They shall work together in accordance
with the present Administrative Agreement.
Section 1 Subject-matter
The subject-matter of the present administrative agreement is the cooperation
between the Federal Agency and the Joint Commission within the framework of
the National Agency for the Prevention of Torture.
Section 2 Cooperation
(1) The Federal Agency and the Joint Commission shall work together as the National Agency for the Prevention of Torture, and shall also express same in their
external appearance. They shall always orientate their activities to optimally
achieve the objectives of the Optional Protocol.
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