ANNEX
The Optional Protocol provides for the creation of
national preventive mechanisms for the prevention of
torture. Their tasks are carried out under the jurisdiction of the Länder by the Joint Commission for the
Prevention of Torture in accordance with the State
Treaty on the establishment of a national mechanism
of all Länder in accordance with Article 3 of the
Optional Protocol of 18 December 2002 to the
Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment
(hereinafter referred to as “Joint Commission”), and
are carried out under federal jurisdiction by the
Federal Agency for the Prevention of Torture
(hereinafter referred to as “Federal Agency”).
The Federal Agency and the Joint Commission shall
together form the National Agency for the Prevention
of Torture. They shall work together in accordance
with the present Administrative Agreement.
Section 1
Subject-matter
The subject-matter of the present administrative
agreement is the cooperation between the Federal
Agency and the Joint Commission within the
framework of the National Agency for the Prevention
of Torture.
Section 2
Cooperation
(1) The Federal Agency and the Joint Commission
shall work together as the National Agency for the
Prevention of Torture, and shall also express the same
in their external appearance. They shall always
orientate their activities to optimally achieve the
objectives of the Optional Protocol.
(2) The Federal Agency and the Joint Commission
shall coordinate in the planning and implementation
of their projects, in particular with the aim in mind of
making efficient use of their resources.
(3) The Federal Agency and the Joint Commission
may avail themselves of the services of interpreters
and experts as their respective funds permit.
Section 3
Headquarters
The seat of the National Agency for the Prevention of
Torture shall be Wiesbaden.
Section 4
Secretariat
(1) The National Agency for the Prevention of
Torture shall avail itself of the infrastructure of the
Centre
for
Criminology
(Kriminologische
Zentralstelle e.V.). To this end, the Centre for
Criminology shall provide a secretariat which shall
carry out the everyday business of the National
Agency for the Prevention of Torture and support the
latter with staff and equipment.
The staff of the secretariat of the National Agency for
the Prevention of Torture shall only be appointed or
dismissed with the consent of the Federal Agency and
of the Joint Commission. It shall in specialist terms
only be subject to the instructions of the Federal
Agency and of the Joint Commission.
Section 5
Funding
(1) The funding requirement of the National Agency
for the Prevention of Torture may be a maximum of
EUR 300,000 per year. A maximum amount of
EUR 100,000 of this sum shall be accounted for by
the Federal Agency, which shall be met from the
budget of the Federation, and a maximum amount of
EUR 200,000 by the Joint Commission, which shall
be met from the budgets of the Länder. The
distribution of the shares accounted for by the
respective Länder shall be effected in accordance with
the Königstein Key. One third of the joint costs shall
be met by the Federation and two thirds by the
Länder.
(2) The staff and material expenditure shall be met by
the Hesse Ministry of Justice, for Integration and
European Affairs. The proportions of the Federation
and the Länder shall become due in the course of each
accounting year in two instalments on 31 May and 30
November in accordance with the methods followed
in the budget plan of the Centre for Criminology.
Over- and under-payments by the Federation
regarding the Federal Agency or by the Länder with
regard to the Joint Commission towards the funding
needed in accordance with the annual account shall be
balanced in the second sub-amount of the following
accounting year.
(3) The disbursement by the Hesse Ministry of Justice,
for Integration and European Affairs to the Centre
for Criminology shall be effected in the shape of a
monthly advance payment which shall cover the fixed
costs of both the Joint Commission and of the Federal
Agency. Further staff and equipment shall be
disbursed on an ad hoc basis as funds permit.
(4) The respectively valid version of sections 14 and 15
of the Statutes of the Centre for Criminology shall
apply mutatis mutandis to drawing up the budget plan
and the annual account.
(5) The satisfaction of the obligations from the
present Agreement shall be subject to the proviso of
the provision of budget funding in the budget plan of
the party respectively affected.
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