VISITS
3 – VISITS
3.1 – BASIC PRINCIPLES
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
deprivation of liberty. In a final meeting with the head
of the facility the delegation then discusses key results
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
detailed list of recommendations and the responses of
the supervisory authorities regarding their
implementation are included in Chapters III and IV
of this Report. These chapters also include reports on
visits conducted in 2012 regarding which either the
report or the response of the supervisory authority
were not yet available at the time the Annual Report
2012 went to press. As from 2014 the National Agency
will ensure that the reports concerning its visits and
the comments of the relevant ministries are published
promptly on its website.
The visits of the National Agency are conducted 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. As a
matter of principle and being tasked with adopting a
preventive approach, the Federal Agency and the
Joint Commission visit as many facilities with
different remits as possible. The choice of places of
detention they visit is geared to the size and location
of the facility, possible problem areas, and reports in
the media or regarding individual cases. The Federal
Agency and the Joint Commission endeavour to
ensure an appropriate geographical distribution of the
facilities visited.
3.2 – PROCEDURE
The conduct of the National Agency’s inspection
visits varies depending on the type of facility and local
conditions. Only a general description of the modus
operandi applied to these visits can thus be provided
in the following.
A delegation generally comprises two to four people,
and the National Agency also draws on external
experts. The Joint Commission generally notifies the
relevant supervisory authority at short notice that it
will be visiting a particular facility. Visits to police
stations and prisons are conducted without prior
announcement, sometimes at night or at the weekend.
The Federal Agency generally announces its
inspection visits less than 24 hours in advance to
ensure that the relevant contacts are on hand.
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 and how
detainees are treated and 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 the works council; it chooses its
interview partners itself. In addition, it inspects
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