CAT/C/CR/32/7
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(c)
The fact that for numerous areas covered by the Convention, the State party was
unable to supply statistics, or appropriately disaggregate those in its possession. During the
current dialogue, this occurred with respect to, for example, public prosecutions, alleged cases of
collusive allegations of ill-treatment, cases of counter-charges being brought by law enforcement
authorities, and details as to offenders, victims and the factual elements of ill-treatment charges;
(d)
The fact that, owing to perceived constitutional difficulties arising from the
division of powers between federal and Länder authorities, measures taken at the federal level to
enhance compliance with the Convention are not applicable to relevant activities of the Länder.
Thus, the comprehensive federal rules regarding forcible return by air, while applicable to
returns carried out by the Federal Border Police (Bundesgrenzschutz), are not applicable to
returns carried out by Länder authorities;
(e)
The legal controls and training provided to private security companies utilized to
provide security to certain detention facilities at Frankfurt-am-Main international airport.
D. Recommendations
5.
The Committee recommends that:
(a)
The State party take all appropriate measures to ensure that criminal
complaints lodged against its law enforcement authorities are resolved expeditiously, in
order to resolve such allegations promptly and avoid any possible inference of impunity,
including in cases where counter-charges are alleged;
(b)
The State party create a central point to assemble relevant nationwide
statistical data and information on areas covered by the Convention, request such data and
information from the Länder authorities or undertake such other measures as may be
necessary to ensure that the State party’s authorities, as well as the Committee, are fully
apprised of these details when assessing the State party’s compliance with its obligations
under the Convention;
(c)
The State party take such measures as are appropriately within its power
with respect to the authorities of the Länder to ensure the adoption and general application
of measures which have proven efficacious at the federal level in improving compliance
with the Convention, such as the federal rules on forcible return by air;
(d)
The State party comprehensively group together its criminal provisions
relating to torture and other cruel, inhuman or degrading treatment or punishment;
(e)
The State party provide the Committee with details on how many cases of
extradition or removal subject to receipt of diplomatic assurances or guarantees have
occurred since 11 September 2001, what the State party’s minimum requirements are for
the content of such assurances or guarantees and what measures of subsequent monitoring
it has undertaken in such cases;