10Guidelines for the work of the Federal Agency
Preamble
The present Guidelines shall serve as a basis for the orientation of the work of the
Federal Agency for the Prevention of Torture. They are not however legally indispensable. The conduct of the Federal Agency may derogate from the stipulated guidelines where necessary. The Guidelines are to be regularly updated.
No. 1 Tasks of the Federal Agency for the Prevention of Torture
1.1 The objective of the work of the Federal Agency in accordance with the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment (OPCAT)
In accordance with OPCAT, the Federal Agency is to establish a system of regular visits undertaken by independent international and national bodies to places
where people are deprived of their liberty in order to prevent torture and other
cruel, inhuman or degrading treatment or punishment. This is a purely preventive approach.
1.2 Implementation of the objectives
As the national mechanism for the prevention of torture within the meaning of
OPCAT, the Federal Agency is to carry out the following tasks:
- to visit places where people are deprived of their liberty in the responsibility of
the Federation, regularly and unannounced,
- to make recommendations to the relevant authorities and facilities with the aim
of improving the treatment and the conditions of the persons deprived of their
liberty, taking into consideration national and international requirements,
- to submit proposals and observations concerning existing or draft legislation.
The Federal Agency shall document the implementation of the goals in its Annual Report.
No. 2: Selection of the places to be visited
2.1 Visit planning
An “internal annual visit plan” should be drawn up at the beginning of each
year. This plan shall include rough planning of which facilities can be visited
within a specific period, taking account of the budget and resources. Moreover,
an investigation spotlight can also be decided for the year. In the distribution, the
plan should take appropriate account of facilities of the Federal Armed Forces,
the Federal Police and other facilities within the responsibility of the Federation.
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