9 Rules of procedure of the Joint Commission for the Prevention of
Torture
Preamble
The prohibition of torture and mistreatment is among the most important human rights guarantees. The United Nations Convention against Torture and
other Cruel, Inhuman or Degrading Treatment or Punishment (UN Anti-Torture
Convention) obliges the States Party to prevent any act of torture and to make
torture offences punishable. Article 16 para. 1 of the UN Anti-Torture Convention
lends concrete form to this obligation by stipulating that they should also “prevent […] other acts of cruel, inhuman or degrading treatment or punishment
which do not amount to torture as defined in article I”.
The Optional Protocol to the UN Anti-Torture Convention, moreover, contains a
method for the prevention of torture and mistreatment. To this end, Article 3 of
the Optional Protocol stipulates that national preventive mechanisms are to be
established. The national preventive mechanism in Germany is composed of the
Federal Agency and the Joint Commission. The Joint Commission is hence mandated to use a preventive system of visits to prevent not only torture in the narrow sense of the word, but any kind of mistreatment. This obligation to prevent
torture and mistreatment is broad and is not static, but its specific concept can
develop further. For the inspection of places where people are deprived of their
liberty, this means that the Joint Commission not only draws attention to obvious
problems, but also sheds light on circumstances which may favour torture and
mistreatment. Further, in accordance with Art. 2 para. 3 of the State Treaty, the
Joint Commission’s job is to improve conditions for persons who have been deprived of their liberty and to make recommendations to the competent authorities.
The Joint Commission primarily uses as its basis the valid German law and the
concomitant case-law when making its visits. Furthermore, where appropriate
the Joint Commission relies on international agreements which are relevant to its
mandate, and also includes international case-law as well as recommendations of
the corresponding committees of the United Nations and of the Council of Europe in its assessment.
The Joint Commission for the Prevention of Torture (hereinafter: Joint Commission) adopted the following rules of procedure, which were most recently
amended on 26 February 2013 , at its session held on 24 September 2010, in accordance with Article 7 of the State Treaty on the establishment of a national
mechanism of all Länder in accordance with Article 3 of the Optional Protocol of
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