CAT/OP/DEU/2/Add.1
defined under the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.
8.
Since 2013, the National Agency annually defines topics of special interest; the first
one having been detention pending deportation and return flights. In the past year, the Joint
Commission visited almost all facilities for detention pending deportation. The Federal
Agency accompanied two collective return operations to the country of destination and
monitored the boarding process of another individual measure. The joint visit of the Joint
Commission and the SPT delegation to the department for foreigners pending deportation at
Mannheim prison took place in the scope of this focus. The results of and conclusions to be
drawn from these focal visits are presented in a special chapter of the Annual Report.
Additionally, overarching issues such as video surveillance in detention are receiving
special attention in the scope of specific investigations.
9.
When checking detainee files and in interviews with detainees during visits, the
National Agency verifies the reasons of detention and observance of legal safeguards. In
order to render legal safeguards effective, the National Agency recommends, for instance,
that the police provide information leaflets in major languages for detainees who do not
speak German. Foreigners in detention pending deportation should be supported in
contacting legal counsel. This may result in foreigners challenging return decisions before
Courts, which also assess the danger of refoulement in the specific case.
10.
With reference to the recommendation of the SPT contained in paragraph 25 of the
SPT visit report, members are appointed by the Federal Ministries of Justice, Defence as
well as the Interior or the Conference of Ministers of Justice; respectively. Current
members give feedback to these decision-making bodies on their workload at the National
Agency so as to enable them to better assess prospective members with regard to their
availability. The Secretariat of the National Agency also forwards proposals for suitable
candidates for the Joint Commission to the responsible Hessian Ministry of Justice.
11.
With reference to the recommendation of the SPT contained in paragraph 27 of the
SPT visit report, the National Agency already forwards proposals for suitable candidates for
the Joint Commission to the Hessian Ministry of Justice. It also regularly communicates to
the press that it is lacking members with specific knowledge of other areas than the
judiciary and police.
12.
With reference to the recommendation of the SPT contained in paragraph 29 of the
SPT visit report, the National Agency is exploring the availability of external experts in
covering specific areas. It could recently establish contact to specialists in the field of
childcare and of juvenile arrest to accompany future visits to such facilities. The National
Agency has to develop standards in other areas such as psychiatric or elderly peoples’ care.
This presupposes a more constant availability of a person with specific knowledge than
could be provided by an external expert accompanying an individual visit. Furthermore, the
Conference of Ministers of Justice has already decided to support the extension of the Joint
Commission to improve the Commission’s non-judicial expertise.
13.
With reference to the recommendation of the SPT contained in paragraph 31 of the
SPT visit report, the Federal Agency and the Joint Commission are in constant exchange
via the common secretariat and at joint meetings which take place approximately four times
annually. Common internal rules have been adopted and will be enforced in 2014. The
secretariat has participated in conferences and trainings on issues such as medication in
psychiatric settings or the use of force in care. The National Agency is constantly assessing
whether more concentration on training must be applied.
14.
The visiting practice developed by the National Agency since its beginning will
gradually be put down in writing and constantly updated by the secretariat. Nevertheless,
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