(2a) Members shall not carry out any visits if there is fear of their bias. This shall
be deemed to be the case if a reason exists which is likely to justify mistrust as to
the impartiality of the member.
(3) In addition to the inspection of the facility, confidential talks with staff and
with individuals in custody shall also be carried out during the visit, where the
latter are in agreement. Moreover, the Joint Commission may inspect all relevant
documents containing information on the visited facility or on the persons located there.
Section 9 Visit reports
(1) After each inspection visit, the members the Joint Commission involved in it
shall draw up a written report of the outcome of the visit within four weeks.
(2) The writing of the draft report shall be a matter for the secretariat. The members of the Joint Commission shall pass their observations on to the secretariat, as
well as any other knowledge and information.
(3) To draw up the draft report, the secretariat may, as appropriate, also obtain
subsequent information from the facility visited.
(4) The draft report shall be forwarded to the participating members of the Joint
Commission for their consent.
(5) The Chairperson of the Joint Commission shall then forward the visit report to
the competent Ministry with a request for observations. The facility visited shall
also receive a duplicate of the report.
Section 10 Annual Report
(1) The Commission shall publish an Annual Report of its activities drawn up
together with the Federal Agency for the Prevention of Torture. This Report shall
be forwarded to the German Bundestag and the Land Parliaments, the Land Governments and the Federal Government. The Annual Report shall contain both the
outcome of the visits and the reactions of the Ministries regarding the implementation of the recommendations.
(2) The Joint Commission and the Federal Agency shall draft their segments of
the Report, each on its own responsibility. The coordination of the contributions,
as well as all and any activities in connection with the publication, shall be incumbent on an editorial team determined at the beginning of each period under
review.
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