Article 2 Tasks and powers
(1) The Commission shall have the task of visiting places of detention within the
meaning of Article 4 of the Optional Protocol under the jurisdiction of the Länder
in order to prevent torture, drawing attention to problems and where appropriate making recommendations for improvements.
(2) The members of the Commission, individually or together, shall have the
powers named in Article 19 of the Optional Protocol. The Länder shall grant to
them the rights and powers named in Article 20 of the Optional Protocol.
(3) The Commission may make recommendations to the competent authorities in
order to improve the conditions for persons who have been deprived of their
liberty. The authorities shall be obliged to carefully examine these recommendations and to make a statement to the Commission within a suitable period.
(4) The Commission shall draft an Annual Report together with the Federal
Agency for the Prevention of Torture, which shall be forwarded to the Federal
Government, the Land Governments, the German Federal Parliament and the
Länder Parliaments.
Article 3 Confidentiality
The members of the Commission shall be obliged to maintain the confidentiality
of information becoming known to them within the framework of their tasks,
also beyond the duration of their period of office.
Article 4 Members
(1) The Commission shall consist of four members who act on an honorary basis.
The members shall be independent and not subject to any instructions. The number of the Commission members may be changed by a unanimous resolution of
the Conference of Ministers of Justice.
(2) The members of the Commission shall be nominated by the Conference of
Ministers of Justice for a four-year period of office. In derogation therefrom, on
nomination of the first four members of the Commission, two members shall be
nominated for four years and two members for two years. A renewed nomination shall be possible. They may lay down their office at any time. A member of
the Commission may only be dismissed against his/her will prior to expiry of
his/her period of office subject to the provisos of sections 21 and 24 of the German Judiciary Act by a unanimous resolution of the Conference of Ministers of
Justice. In such cases, the Conference of Ministers of Justice shall nominate a successor for the remaining period of office.
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