CAT/C/DEU/CO/5
The Committee recommends that the State party:
(a)
Weigh up the interests of both police officers and potential victims of illtreatment and ensure that members of the police in all the Länder can be effectively
identified at all times when carrying out their law enforcement function and held
accountable when implicated in ill-treatment; and
(b)
Assess the cases of lack of investigation raised during the dialogue with
the State party and report thereon to the Committee.
Interrogations abroad
31.
The Committee welcomes the reported discontinuance of the practice of
interrogation of terrorism suspects by German intelligence agents abroad, reflecting on the
findings of the Parliamentary Commission of Inquiry in regard to Khaled el-Masri case and
the Federal Government’s declaration that the investigations by the police, prosecutors and
intelligence officers abroad have been halted. The Committee is however concerned about
the lack of clarity as to whether the commitment to discontinue investigations abroad
extends to private security companies. The Committee further notes with concern the lack
of explanations, taking into account the June 2005 Hamburg Supreme Court decision
related to the case of Mounir al-Motassadeq, about who carries the burden of proof in
regard to inadmissibility of evidence allegedly extracted by torture or ill-treatment before
the State party’s courts. The absence of information on whether the Government continues
to rely on information from intelligence services of other countries, some of which may
have been extracted through torture or ill-treatment, is of serious concern (arts. 2, 3, 11 and
15).
The Committee recommends that the State party:
(a)
Apply the ban on investigation abroad to all the authorities and entities
engaged in law enforcement, including the private security companies when there is a
suspicion of coercion being used;
(b)
Clarify the procedural standards, including the burden of proof applied
by the State party’s courts for the assessment of evidence that may have been
extracted by torture or ill-treatment; and
(c)
Refrain from “automatic reliance” on the information from intelligence
services of other countries, with the aim of preventing torture or ill-treatment in the
context of forced confessions.
Corporal punishment
32.
While taking note that corporal punishment is prohibited in all circumstances in the
German legal system (sect. 163 of the Code of Civil Law), the Committee expresses
concern at the absence of information on the efforts to provide appropriate and ongoing
public education and professional training on the prohibition of corporal punishment in all
settings (art. 16).
The Committee recommends that the State party actively promote positive,
participatory and non-violent forms of education and child-rearing as an alternative
to corporal punishment.
Data collection
33.
The Committee appreciates the State party’s decision to compile new statistics on
crimes, including ill-treatment by the police and “violence in close social relations”. It notes
the data on complaints of ill-treatment by law enforcement officers, disaggregated by
suspected crime. However, the Committee regrets the absence of comprehensive and
disaggregated data on complaints, investigations, prosecutions and convictions of cases of
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