CAT/OP/DEU/2
legislation that relates to the prevention of torture and other forms of ill-treatment. To
that end, it should have a strategy for setting priorities and should follow up on its
comments and recommendations.9 The SPT also recommends that the NPM present
proposals to amend the decree of the Federal Ministry of Justice of 20 November 2008
and the State Treaty between the 16 Länder of 24 June 2009, and other legal acts as
relevant, in order that those acts clearly reflect the mandate of the NPM to submit
proposals and observations concerning existing or draft legislation related to its
mandate. The NPM should also actively advocate for such an outcome.
34.
The SPT noted with appreciation the distribution by the Joint Commission of a
leaflet on the NPM. However, the SPT observed that the authorities in charge of places of
deprivation of liberty, persons deprived of liberty and civil society do not clearly
understand the role of the mechanism and the distinct roles between the Federal Agency
and the Joint Commission as two parts of a single collegial body. The lack of visibility of
the NPM may have a detrimental effect on its efficiency.
35.
The SPT recommends that the NPM increase its institutional visibility, design a
strategy for making its mandate and work known to the general public and develop a
simple, accessible procedure through which the general public can provide it with
relevant information.10 The SPT also recommends elaborating and distributing
further materials on the mandate and activities of the NPM, in various languages, to
the detention personnel and detainees and to the civil society at large, including
associations of former service users, lawyers and the judiciary. In addition, the NPM
should widely disseminate its Annual Reports, and transmit them to the SPT in
accordance with Article 23 of the Optional Protocol.11 The NPM should also increase
its contacts and cooperation with other national and international stakeholders,
including relevant ministries, and NPMs of other countries.
36.
The SPT is aware of other institutional, structural and legislative constraints which
affect the work of the NPM, such as the lack of a sufficient travel budget, inadequate
capacity to exercise follow-up visits and the lack of an adequate administrative support
team for the members of the Federal Agency and the Joint Commission. The SPT is
concerned that some of the federal institutions have tried to support the mechanism by
providing logistical support and transportation, making the NPM dependent on the practical
means provided by the federal administration. The SPT reminds that the provision of
adequate financial and human resources constitutes a legal obligation of the State Party
under Article 18, paragraph 3, of the Optional Protocol.
37.
The SPT recommends that the NPM engage in a proactive manner with the
Federal and State Justice authorities and any other relevant institutions, in particular
the Parliamentary Commission on Human Rights, with a view to eliminating any
institutional, structural or legal constraints, including the current lack of adequate
financial and personnel resources of the NPM. As a matter of priority, the SPT wishes
the NPM to inform it of the strategies it has adopted and steps it is taking to seek
additional financial and personnel resources, taking into account the experience of
other NPMs. It also recommends that the NPM request an increase in the budget in
order to enable it to its own premises as well as help secure and enhance its functional
and perceived independence.12
9
10
11
12
8
CAT/OP/12/5, para. 35.
CAT/OP/1, para. 33.
CAT/OP/12/5, para. 36 and 40.
CAT/OP/12/5, para. 12.