Declaration by the National Agency for the Prevention of Torture The National Agency for the Prevention of Torture is pleased to present the first joint Annual Report of the Federal Agency and the Joint Commission of the States (Länder) to the Federal Government, the German Bundestag, the Land Governments and the Land Parliaments. The Report covers the period from 1 May 2010 to 31 December 2011. The Report is to be preceded by three core messages: The National Agency was unable to find any signs of torture. It did however identify problems in several cases which are unacceptable. It made many recommendations to the supervisory authorities, some of which have already been implemented and have improved the situation of persons being detained. The National Agency is unable to carry out its statutory task under the Optional Protocol with the staffing and funding available. With only five members working on an honorary basis and funds for only three research associates and one administrative assistant, the capacity available is entirely inadequate for the regular examination of several thousand detention facilities. A considerable increase in staff and funding is necessary, particularly because the National Agency does not wish to prove ineffectual, and in accordance with its statutory mandate it must make an effective contribution towards the prevention of torture and mistreatment. It is therefore the responsibility of the Federal and Land Governments to create a foundation enabling the National Agency to carry out its tasks, which are binding under both international and national law. The Federal Agency and the Commission of the Länder operate in a trusting and cooperative manner, collaborating to carry out their shared task. The following Joint Report is proof of this. Prof. Dr. Hansjörg Geiger Staatssekretär ret. Klaus Lange-Lehngut Ltd. Reg.Dir. ret. Elsava Schöner Ltd. Reg.Dir.in ret. Albrecht Rieß Presiding Judge, Higher Regional Court Prof. Dr. Dieter Rössner University Professor 9

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