In accordance with Article 21 (1) OP-CAT, persons
who communicate information to the National
Agency are not to be sanctioned or otherwise
prejudiced in any way. The members and employees of
the Agency are obligated to maintain confidentiality
with regard to information disclosed to them in the
course of their duties. This obligation shall be
maintained even beyond the term of their office.
Further to these activities, the National Agency is
also tasked with issuing statements regarding both
existing and draft legislation.
1.3 – POWERS
Pursuant to the rules set out in the OPCAT, the
Federal Government and the Länder grant the
National Agency the following rights:
+
+
+
+
+
+
1.4 – ENQUIRIES BY INDIVIDUALS
Access to all information concerning the
number of persons being deprived of their
liberty at places of detention as defined in
Article 4 of the OPCAT, as well as the
number of places of detention and their
location
In the period under review, the National Agency
received individual enquiries regarding 65 separate
cases that exclusively concerned facilities within the
Joint Commission’s remit. Since the National Agency
does not operate as an ombudsman institute, it is not
authorised to remedy individual enquiries or offer
legal advice. Nevertheless, details regarding concrete
incidents are of practical relevance for the work of the
National Agency. They provide background
information for visits, and may draw attention to
specific problem areas. In addition, concrete
information and tips can have an influence on which
facilities the National Agency visits, and on the
priorities it sets as a result.
Where an enquiry contains information regarding
serious deficiencies, the National Agency will, with
the consent of those concerned, contact the
competent authority. If an enquiry provides an
indication of a person posing a danger to
himself/herself or to others, the National Agency will
also immediately contact the head of the facility
concerned.
Access to all information concerning the
treatment of these persons as well as their
detention conditions
Access to all places of detention, their
installations and facilities
The opportunity to hold private interviews
with persons deprived of their liberty
without witnesses, either directly or,
where deemed necessary, through an
interpreter, as well as with any other
persons whom the National Agency
believes may supply relevant information
The freedom to choose the places it
wishes to visit and whom it wishes to
interview
To maintain contact with the UN
Subcommittee on Prevention of Torture,
to send it information and to meet with it.
10