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, 3

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