GENERAL INFORMATION ABOUT THE WORK OF THE NATIONAL AGENCY 4 – VISITS 4.1 – BASIC PRINCIPLES deprivation of liberty. In a final meeting with the head of the facility the delegation then discusses key outcomes of the visit. These are also communicated to the highest supervisory authority by telephone following the visit. Nearly all of the visits the National Agency has conducted so far have given rise to a number of recommendations for improving the conditions of detention and treatment of detained persons, some of which related to unacceptable shortcomings. A summary of the recommendations made and responses of the supervisory authorities referring to the period under review are included in Chapters II and III of this Annual Report. These chapters also include reports on visits conducted in 2013 on account of either the report or the supervisory authority’s response not yet being available at the time the Annual Report 2013 went to press. The National Agency publishes the reports of its visits and the relevant ministries’ responses on its website. The National Agency is not able to visit all of the facilities which fall within its remit. That is why recommendations should not only be taken up and implemented by the specific facilities at which a particular recommendation is directed, but by all the facilities concerned. The respective supervisory authorities thus have a key role to play when it comes to the dissemination and implementation of the recommendations made. The National Agency conducts its visits on the basis of international treaties and German law. In addition, it draws on the established practice of the Federal Constitutional Court, of the federal supreme courts and higher regional courts, as well as on international case law, including that of the European Court of Human Rights. It also incorporates the recommendations of the SPT and of the CPT into its assessments. The National Agency applies several criteria when selecting the places of detention it wishes to visit. In line with their preventive mandate, the Federal Agency and the Joint Commission visit as many facilities with diverse remits as possible. They base their choice of places of detention to visit on the size and location of the facility, possible problem areas, and reports in the media or regarding individual cases. They endeavour to ensure an appropriate geographical distribution of the facilities visited. 4.2 – PROCEDURE The procedure for the National Agency’s inspection visits varies depending on the type of facility and local conditions. A general description of the methodology applied to these visits is provided below. A delegation generally comprises two to four people, although the National Agency also sometimes brings in external experts. The Joint Commission generally notifies the relevant supervisory authority at short notice of its intention to visit a particular facility. Visits to police stations and prisons are also conducted without prior announcement, sometimes at night or at weekends. To ensure that the relevant contacts are on hand, the Federal Agency generally announces its inspection visits less than 24 hours in advance. An inspection visit normally begins with an initial meeting with the head of the facility. The delegation then inspects the facility or individual areas, focusing on both the facility’s structural features, how detainees are treated and how their deprivation of liberty is organised. The visiting delegation then holds private meetings with detainees, employees, including members of the specialist services, as well as, for example, with members of the works council; it chooses its interview partners itself. In addition, it inspects detainees’ personal files and other documents. It may ask to be provided with written information about the facility and about the form and organisation of the 4.3 – ENQUIRIES BY INDIVIDUALS In the period under review the National Agency received individual enquiries regarding 24 separate cases, which all referred to facilities within the Joint Commission’s remit. Since the National Agency does not operate as an ombuds institution, it is not authorised to remedy or offer legal advice regarding individual enquiries. Reference is explicitly made to this fact in the replies sent to those submitting enquiries and on the National Agency’s website. Nevertheless, details regarding concrete incidents are of great practical relevance for the work of the National Agency. They provide background information for inspection visits and can draw attention to specific problems. 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. 14