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. 118

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