CAT/OP/DEU/1/Add.1
Secretary’s appreciation for the work of the National Agency, also contained a description
of the Agency’s structure and tasks (see annex 2).
21.
The Federal Ministry of Justice and Consumer Protection also supports the Agency
as far as possible in other ways. The English translations of the annual reports for
submission to the SPT have been funded by the ministry; thanks to this support, the latest
annual report has been available in English since September 2013. Furthermore, such
assistance is also planned for the next annual report.
22.
With reference to the recommendation of the SPT contained in paragraph 20 of the
SPT visit report (CAT/OP/DEU/1), the German Federal Ministry of Justice and Consumer
Protection plans to host a meeting of the national preventive mechanisms of Germany,
Austria and Switzerland on 3 and 4 April 2014, which will allow the participating
organisations to discuss their experiences.
23.
The topics of this exchange shall include the following:
•
Organisation and working methods of the NPMs
•
Challenges in fulfilling the OP-CAT mandate
•
National preventive mechanisms and the need to strike a balance between
independence and working with the authorities
•
Visits: questions of preparation, execution and methodology
•
Monitoring of measures under the law governing aliens: custody pending
deportation and flights for returnees
•
Visiting nursing homes for the aged as well as care homes: challenges and
initial experiences.
24.
With reference to the recommendation of the SPT contained in paragraph 22 of the
SPT visit report (CAT/OP/DEU/1), given the NPM’s independence, the Federal
Government does not see itself in a position to intervene in this respect.
25.
With reference to the recommendation of the SPT contained in paragraph 24 of the
SPT visit report (CAT/OP/DEU/1), the name is based on the term used in the Optional
Protocol, which served as the basis for the creation of this control mechanism.
26.
With reference to the recommendation of the SPT contained in paragraph 44 of the
SPT visit report (CAT/OP/DEU/1), given the NPM’s independence, the Federal
Government does not see itself in a position to intervene in this respect.
27.
With reference to the recommendation of the SPT contained in paragraph 46 of the
SPT visit report (CAT/OP/DEU/1), in accordance with no. 3 of the decree of the Federal
Ministry of Justice of 20 November 2008 (as amended on 5 June 2013) the Federal Agency
has already been granted all the rights and powers specified in Articles 19 and 20 of the
Optional Protocol.
28.
The rights and powers of the Joint Commission of the Länder are governed in the
State Treaty of 25 June 2009:
Article 2 Tasks and powers
(2) The members of the Commission, individually or together, shall have the powers
named in article 19 of the Optional Protocol. The Länder shall grant to them the
rights and powers named in article 20 of the Optional Protocol.
Article 7 Modus operandi and rules of procedure
4