RULES OF PROCEDURE OF THE NATIONAL AGENCY FOR THE PREVENTION OF TORTURE
Section 9
Meetings
Section 4 (2) to (5) and sections 5 and 6 shall apply
mutatis mutandis to meetings of the Federal Agency.
Part 4
The Joint Commission
Section 10
Competence and structure
(1) The competence and structure of the Joint
Commission are set out in the State Treaty on the
Establishment of a National Mechanism of all the
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 of 25 June 2009.
(2) The Chair of the Joint Commission shall represent
the Joint Commission externally. He or she may be
represented by a deputy.
(3) Members shall coordinate their activities with each
other and with the Secretariat. They shall inform
members of the National Agency about key results as
soon as possible via the Secretariat.
Section 11
Meetings
Section 4 (2) to (5) and sections 5 and 6 shall apply
mutatis mutandis to meetings of the Joint
Commission.
Part 5
Joint modus operandi of the Federal Agency
and the Joint Commission
1. Visits
Section 12
Planning visits
(1) For each calendar year the Federal Agency and the
Joint Commission shall draw up a provisional list of
places they wish to visit.
(2) The Federal Agency and Joint Commission shall
reach agreement when planning their visits, with the
aim of making balanced use of the resources available
to the Secretariat.
Section 13
Conducting visits
(1) A visiting delegation shall comprise one or several
members of the competent body and staff of the
Secretariat.
(2) External experts or interpreters may be involved in
individual visits.
(3) The members of the visiting delegation shall
appoint one of its members to head the delegation.
(4) The head of the delegation shall hold an initial
meeting and a final meeting with the head of the
facility visited. He or she shall inform the competent
superior supervisory authority as soon as possible of
the preliminary result of the visit.
Section 14
Reports
(1) The Secretariat shall draw up a report following
each visit in which it summarises the course of the
visit, the determinations made, as well as, where
indicated, recommendations and suggestions for
improving the situation of detainees.
(2) The Secretariat may request additional documents
and information from the facility visited before
writing its report.
(3) The report shall be coordinated with the head of
the delegation. It shall be signed by the members who
took part in the visit.
(4) The Director of the Federal Agency or the Chair of
the Joint Commission shall forward the report to the
competent ministry and request a statement. The
facility visited shall receive a copy of the report.
(5) A summary of the report and the ministry’s
response shall be published on the National Agency’s
website.
2. Enquiries by individuals
Section 15
Procedure
(1) The Secretariat shall keep a record of any
information supplied by individuals.
(2) Where information submitted by individuals
provides any indications of serious shortcomings, the
Federal Agency or the Joint Commission may take
further steps with the consent of the person
submitting the enquiry.
3. Annual Report
Section 16
Reporting period and content
(1) The Federal Agency and the Joint Commission
shall each year publish a joint report (Annual Report).
(2) The Annual Report shall cover the activities of the
National Agency in the previous year. It shall, in
particular, contain the outcome of the visits and the
responses of the relevant ministries regarding
implementation of any recommendations made.
(3) The Federal Agency and the Joint Commission
shall write those parts of the Annual Report referring
to their own activities under their own responsibility.
Section 17
Publication
The Annual Report shall be forwarded to the Federal
Government, the Land governments, the German
Bundestag and the Land parliaments. It shall also be
published on the National Agency’s website.
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