In accordance with Article 21 (1) OP-CAT, persons who communicate information to the National Agency are not to be sanctioned or otherwise prejudiced in any way. The members and employees of the Agency are obligated to maintain confidentiality with regard to information disclosed to them in the course of their duties. This obligation shall be maintained even beyond the term of their office. Further to these activities, the National Agency is also tasked with issuing statements regarding both existing and draft legislation. 1.3 – POWERS Pursuant to the rules set out in the OPCAT, the Federal Government and the Länder grant the National Agency the following rights: + + + + + + 1.4 – ENQUIRIES BY INDIVIDUALS Access to all information concerning the number of persons being deprived of their liberty at places of detention as defined in Article 4 of the OPCAT, as well as the number of places of detention and their location In the period under review, the National Agency received individual enquiries regarding 65 separate cases that exclusively concerned facilities within the Joint Commission’s remit. Since the National Agency does not operate as an ombudsman institute, it is not authorised to remedy individual enquiries or offer legal advice. Nevertheless, details regarding concrete incidents are of practical relevance for the work of the National Agency. They provide background information for visits, and may draw attention to specific problem areas. 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 deficiencies, the National Agency will, with the consent of those concerned, contact the competent authority. If an enquiry provides an indication of a person posing a danger to himself/herself or to others, the National Agency will also immediately contact the head of the facility concerned. Access to all information concerning the treatment of these persons as well as their detention conditions Access to all places of detention, their installations and facilities The opportunity to hold private interviews with persons deprived of their liberty without witnesses, either directly or, where deemed necessary, through an interpreter, as well as with any other persons whom the National Agency believes may supply relevant information The freedom to choose the places it wishes to visit and whom it wishes to interview To maintain contact with the UN Subcommittee on Prevention of Torture, to send it information and to meet with it. 10

Select target paragraph3