18 December 2002 to the Convention against Torture and other Cruel, Inhuman
or Degrading Treatment or Punishment.
I. Organisation, structure and mandate of the Joint Commission
Section 1 Tasks of the Joint Commission
The Joint Commission shall form together with the Federal Agency for the Prevention of Torture (hereinafter: Federal Agency) the National Agency for the
Prevention of Torture. The Joint Commission shall have the following tasks:
- to regularly visit places where people are deprived of their liberty within the
remit of the Federal Länder,
- to make recommendations to the competent authorities and facilities in order to
improve the treatment and conditions of the persons placed there in accordance
with the national and international requirements,
- to make proposals and observations on existing legal provisions or on those in
the drafting stage.
Section 2 Competence of the Joint Commission
The Joint Commission shall be competent for all “places where people are deprived of their liberty” within the remit of the Länder. These shall include prisons,
closed wings in psychiatric hospitals, detention awaiting deportation facilities,
detention centres for asylum seekers, police stations of the Länder, facilities of
youth welfare, closed homes for children and juveniles, as well as senior citizens’
homes and long-term care homes.
Section 3 Membership and chair
(1) The Joint Commission shall consist of four members working on an honorary
basis. One member of the Joint Commission shall be appointed as the chairperson
of the Joint Commission.
(2) The four members of the Commission and the chairperson shall be nominated
by the conference of the Ministers of Justice for a period of office of four years. In
derogation from this, in nominating the first four members of the Commission,
two members shall be nominated for four years and two members for two years.
(3) The chairperson shall represent the Joint Commission externally, as well as
vis-à-vis the Federal Agency and the Centre for Criminology (KrimZ).
Section 4 Tasks of the full-time secretariat
(1) The secretariat shall support the Joint Commission and the National Agency
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