GENERAL INFORMATION ABOUT THE WORK OF THE NATIONAL AGENCY
4.4 – ENQUIRIES BY INDIVIDUALS
duct on the part of colleagues. This view is shared by
international institutions, for instance by the CPT
and the United Nations Human Rights Committee.11
In the period under review the National Agency received individual enquiries regarding 35 separate cases
which all referred to facilities within the Joint
Commission’s remit.
Since the National Agency does not operate as an
ombuds institution, it is not authorised to remedy or
offer legal advice regarding individual enquiries. Reference is explicitly made to this fact in the replies sent
to those submitting enquiries and on the National
Agency’s website. Nevertheless, details regarding
concrete incidents are of practical relevance for the
work of the National Agency. They provide background information for inspection visits and can draw
attention to specific problems. In addition, concrete
information and tips can have an influence on which
facilities the National Agency visits and on the priorities it sets as a result.
Where an enquiry contains information regarding
serious shortcomings, the National Agency will, with
the consent of the person submitting the enquiry,
contact the competent authority. Where an enquiry
indicates that there is a risk of suicide or that someone
is a danger to others, the National Agency will also
immediately contact the head of the facility concerned.
4.3 – DRAFT LEGISLATION
In the period under review the National Agency was
asked to comment on draft legislation drawn up by
various Länder and by the Federal Government concerning the treatment of people deprived of their
liberty. Most of the draft legislation was drawn up by
the Land ministries of justice, and some by the Land
ministries of the interior and by the Federal Ministry
of Justice and Consumer Protection. The drafts concerned the execution of prison sentences, youth detention, pre-deportation detention and measures of
reform and prevention. As well as submitting written
comments, representatives of the National Agency
also took part in hearings in the Hesse and the Saarland Land parliament.
11
CPT (2006), CPT Standards, margin no. 41;
CCPR/C/DEU/CO/6, 12.11.2012, margin no. 10
18
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