GENERAL INFORMATION ABOUT THE WORK OF THE NATIONAL AGENCY
it had previously been lacking such expertise. The four
new members of the Joint Commission took up their
work on 1 January 2015. At the same time the Federal
Government and the Länder agreed to increase the
National Agency’s budget. From 2015, therefore, it
will have a total budget of EUR 540,000. In order to
be able to cope with the additional workload, the
Secretariat will be hiring another full-time member of
staff in 2015.
The National Agency feels that the increase in
budgetary and personnel resources is an important
step towards creating a preventive mechanism which
is able to meet the requirements set out in the
OPCAT.
3 – THE NATIONAL AGENCY IN THE
INTERNATIONAL CONTEXT
The National Agency is Germany’s national preventive mechanism pursuant to Article 3 of the OPCAT.
Each State Party to the OPCAT must establish such a
mechanism, and it may comprise one or several facilities. As at 30 April 2015, the OPCAT had 95 signatory
states and had been ratified by 77 states, including all
the Member States of the Council of Europe, with the
exception of Andorra, Belgium, Island, Ireland, Latvia, Russia, San Marino and Slovakia.
Of these 77 States Parties, 61 have already designated a national preventive mechanism based on one of
three models: Under one model, the remits of existing
ombuds institutions were extended to include the
prevention of torture (e.g. in Sweden, Austria and
Spain); secondly, various existing monitoring mechanisms were combined to create a national preventive
mechanism (e.g. in the United Kingdom); a third
group of states, including France, Switzerland and
Germany, established new national preventive mechanisms.
A preventive mechanism was also set up at the United Nations, namely the Subcommittee on Prevention
of Torture (SPT). It comprises 25 members which are
nominated and elected by the States Parties. Since
2012 the SPT has shared out its regional competences
amongst its members.
The SPT may visit the States Parties for two reasons: First, like the European Committee for the
Prevention of Torture (CPT), it can 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 cruel,
inhuman or degrading treatment or punishment. To
that end it essentially has the same powers as the
national preventive mechanisms. Second, it may also
conduct visits to support the States Parties in setting
up their national preventive mechanisms and to offer
training and technical assistance. It made such a visit
to Germany in April 2013.
Representatives of the National Agency were involved in various international activities in the period
under review. For example, a member of the Joint
Commission gave a presentation on the work and
structure of the National Agency during a seminar on
“Measures to Improve Prison Conditions at EU Level” held at the Academy of European Law in Trier on
13/14 February 2014. On 19/20 May 2014 a member of
the Joint Commission took part in the conference of
the heads of prison training colleges in Austria, Switzerland and Germany, which was held in Vienna. The
conference dealt, amongst other things, with cooperation between German prison training colleges and the
Joint Commission in regard to prison staff training
and development.
3.1 – MEETING OF PREVENTIVE
MECHANISMS IN THE GERMANSPEAKING COUNTRIES
The National Agency and the Federal Ministry of
Justice and Consumer Protection invited representatives of the Ombuds Board of Austria and of the Swiss
National Commission for the Prevention of Torture
to a meeting in Berlin on 3/4 April 2014 to discuss
experience and with the aim of establishing closer
cooperation between the three preventive mechanisms. During the two-day meeting the three organisations first shared information about the legal and
practical framework for their work. Together with
representatives from the Federal Ministry of Justice
and Consumer Protection they also discussed the
dilemma arising on account of the independence of
the national preventive mechanisms on the one hand
and their need to cooperate with public authorities on
the other. Those taking part also shared experiences
gained in applying their various methodologies during
visits, following up on the implementation of their
recommendations and continuing training for their
members and employees. Other areas they addressed
included monitoring pre-deportation detention facilities and forced returns by air and visiting residential
care homes and nursing homes for the elderly. All
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