CAT/C/DEU/CO/5
The Committee recommends that the State party provide the National Agency for the
Prevention of Torture with sufficient human, financial, technical and logistical
resources to enable it to carry out its functions effectively and independently, in
accordance with article 18, paragraph 3, of the Optional Protocol and guidelines Nos.
11 and 12 of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, as well as ensure its regular and timely
access to all places of detention at the federal and Länder levels, without the
requirement of a prior consent to the visit by the respective authorities.
14.
While commending the National Agency’s recommendations aimed at, inter alia,
improving conditions of physical restrictions, requirements relating to clothing in special
secured rooms or technical requirements of new detention rooms in Brandenburg prison,
the Committee notes with concern the lack of public awareness about the recommendations
adopted by the National Agency and the steps taken by the State party in order to ensure
their implementation. The Committee is further concerned at reports that cooperation
between the Joint Commission of the Länder and the existing bodies, including the petitions
committees, which are entitled in some of the Länder to make unannounced visits to places
of detention, has not been established (arts. 2 and 12).
The Committee recommends that the State party:
(a)
Make public and regularly disseminate, using all appropriate means of
communication, the recommendations adopted by the National Agency to improve
conditions in places of detention and the steps taken by the State party to ensure their
effective implementation;
(b)
Compile the best practices by the National Agency and undertake
relevant training to its personnel; and
(c)
Establish cooperation between the Joint Commission of the Länder and
the existing bodies in individual Länder, in particular the petitions committees that
are also mandated to carry out preventive visits of places of detention.
Trafficking in persons
15.
The Committee notes with interest the cooperation programmes between the federal
and Länder levels, church and civil society organizations to provide assistance to victims of
trafficking, and welcomes the exercise of universal jurisdiction with regard to crimes of
trafficking for sexual and work exploitation pursuant to section 6 of the Criminal Code.
However, it expresses serious concern at a “dark field of undetected cases” of trafficking
acknowledged by the State party and evidenced by the low number of such crimes
registered by the police as compared to non-governmental estimates. According to nongovernmental organization sources, there are some 15,000 people, including children, who
have been allegedly trafficked to the State party from various European, Asian and African
countries for forced sex-work, illegal adoptions and as labourers in service sectors (arts. 2,
3, 12, 14 and 16).
The Committee urges the State party to:
(a)
Prevent and promptly, thoroughly and impartially investigate, prosecute
and punish trafficking in persons and related practices;
(b)
Provide means of redress to victims of trafficking, including assistance to
victims in reporting incidents of trafficking to the police, in particular by providing
legal, medical and psychological aid and rehabilitation including adequate shelters, in
accordance with article 14 of the Convention;
4