CAT/OP/DEU/1
45.
The SPT observed that the NPM experienced problems in accessing the files of
detainees, including detainee and incident registers and medical records, either because
there were none, or because of the manner in which such records are currently kept.
46.
The SPT recommends that the State Party facilitate prompt, regular and
unhindered access by the NPM to information relating to detainees, in accordance
with Article 20 (b) of the Optional Protocol, and that registers on detainees, including
incident registers and medical records, be kept at every place of detention, in addition
to personal files.
47.
The SPT noted that during its meetings with the authorities, some were unable to
provide concrete examples of recommendations that had been addressed to them by the
NPM or comment on implementation. This suggests that these authorities are yet to enter
into meaningful dialogue with the NPM. Moreover, the SPT is concerned about the absence
of an established coordination mechanism between and among different stakeholders within
the State Party. All bodies working in the field, including mechanisms of judicial oversight,
the General Prosecutor Office, relevant Ministries, and various monitoring mechanisms
working in places of deprivation of liberty should cooperate and coordinate between
themselves on one hand and with the NPM on the other. The SPT wishes to stress that an
absence of a platform for coordination could be an indicator of a lack of coherent and well
defined national strategy to prevent torture and ill-treatment.
48.
The SPT is of the view that collaborative work could greatly increase the
effectiveness of measures taken to reduce the likelihood of torture and ill-treatment.
The SPT recommends that the State Party encourage a coordinated approach
between the various relevant entities and institutions. Furthermore, the SPT
recommends that, as provided for in Article 22 of the Optional Protocol, the
competent authorities of the State Party shall examine the recommendations of the
NPM and enter into a meaningful dialogue with it on possible implementation
measures. In this regard, a focal point could be identified in each of, or for all, the
relevant ministries to follow up on the implementation of the NPM recommendations
and to engage with the NPM accordingly.
IV.
Final recommendations
49.
The SPT recalls that prevention of torture constitutes an on-going and wide-ranging
obligation of the State party.13 Therefore, the SPT welcomes the State Party’s pledge to
review the adequacy of the financial and personnel resources available to the NPM, and to
encourage and support further development and refinement of the working methods of the
NPM. The SPT requests that the State Party keeps the SPT informed of any legislative and
policy changes and other relevant developments regarding the NPM, in order that it might
continue to assist the State Party in fulfilling its obligations under the Optional Protocol.
50.
The SPT believes that its visit provides Germany with an ideal opportunity to
demonstrate its goodwill and readiness to fulfil its international obligations under the
Optional Protocol.
51.
The SPT hopes that its recent advisory visit and the present report will mark the
commencement of a constructive dialogue with Germany. The SPT stands ready to assist
Germany, as far as it is able, in fulfilling its obligations under the Optional Protocol, in
particular by the provision of technical assistance and advice, in order to achieve their
13
CAT General Comment No. 2, CAT/C/GC/2, paras. 3 and 4.
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