3 – THE NATIONAL AGENCY IN THE
INTERNATIONAL CONTEXT
At the international level, the National Agency
engages in a regular exchange with numerous other
mechanisms for the prevention of torture.
cruel, inhuman or degrading treatment or
punishment. To that end it has essentially the same
powers as the NPMs. Secondly, it may also conduct
visits to support the States Parties in setting up their
NPMs and to offer them training and technical
assistance.
3.1 – WORLDWIDE TORTURE
PREVENTION
The very first preventive mechanism worldwide was
the European Committee for the Prevention of
Torture and Inhuman or Degrading Treatment or
Punishment (CPT), inaugurated by the Council of
Europe. It was established under the European
Convention for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment,
which came into force on 1 February 1989. The CPT
last visited Germany in 2015 and published its
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corresponding final report in 2017.
The OPCAT entered into force on 22 June 2006. At
the end of 2017, the OPCAT had 100 signatory states
4
and had been ratified by 86 states. Of these 86 States
5
Parties, 65 have already designated an NPM. Three
different models were employed to establish a
mechanism. In the first model, the remits of existing
ombudsman institutes were extended to include tasks
concerning the prevention of torture (e.g. in Sweden,
Austria and Spain). In the second model, various
existing monitoring mechanisms were combined to
create an NPM (e.g. in the United Kingdom). A third
group of states, including France, Germany and
Switzerland, set up new national preventive
mechanisms.
In addition to the NPMs as national institutes, the
OPCAT also established the UN Subcommittee on
Prevention of Torture (SPT) to operate on an
international level. It comprises 25 members, which
are nominated and elected by the States Parties. Since
2012, the subcommittee has been divided into four
regional sub-working groups.
The SPT may visit the States Parties for two
reasons: Firstly, it may visit places of detention in the
States Parties with the aim of making
recommendations regarding protecting people
deprived of their liberty against torture and other
3.2 – THE NATIONAL AGENCY’S
INTERNATIONAL ACTIVITIES
The National Agency’s exchange with partner
organisations, particularly those at Council of Europe
level, and its participation in a number of
international events of the NPM network were of
great importance once again in 2017. One of these
events, which took place in early 2017, was the
consultation meeting to discuss the establishment of
the so-called NPM Observatory, an advisory body for
NPMs established the previous year. Furthermore,
the National Agency also participated in the
launching of the EU Network of NPMs and in
consultations on the development of European
guidelines governing custody awaiting deportation
and custody to secure departure, which took place in
Strasbourg. With discussions on how to measure the
effectiveness of NPMs' work and their part in the
setting of standards, two further important topics
were covered in the framework of the NPM Network.
Lastly, the National Agency received the UN
Working Group of Experts on People of African
Descent at its secretariat in Wiesbaden. During their
visit to Germany, the UN experts examined whether
people of African descent face racism, discrimination
or xenophobia in the Federal Republic of Germany
and which measures Germany is taking to prevent
this. The treatment of these people in detention is
also important in this context, which is why the
experts discussed their findings in this area with the
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National Agency.
At the invitation of Germany, the annual exchange
of NPMs from Germany, Austria and Switzerland
took place in Berlin this year. The regular exchange
primarily serves to provide a platform for discussion
and to enable the further development of standards.
3
CPT/Inf (2017) 13.
As at 22/12/2017, URL: http://indicators.ohchr.org/
(retrieved on 22/12/2017).
5
As at 31/12/2017, URL: https://apt.ch/en/opcat-database/
(retrieved on 31/12/2017).
4
6
Country Report A/HRC/36/60/Add.2 and comments by the
Federal Government A/HRC/36/60/Add.4, URL:
http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions
/Session36/Pages/ListReports.aspx (retrieved on 19/04/2018).
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