1 – BACKGROUND The National Agency for the Prevention of Torture is Germany’s designated National Preventive Mechanism (NPM). By establishing this Agency, the Federal Republic of Germany abided by its obligations under international law following from the Optional Protocol to the United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (OPCAT). The National Agency is only responsible for places where persons are or may be deprived of their liberty, either by virtue of an order given by a public authority or at its instigation or with its explicit consent or acquiescence. The following provides an overview of the National Agency’s special status, as well as further background information regarding its structure. NGOs will be given the opportunity to propose to the Conference of Justice Ministers candidates for positions at the Joint Commission.” Members are not subject to supervisory control or legal oversight, and are independent in the exercise of their functions. They act in an honorary capacity. Strict conditions apply for the removal of members before the end of their term in office, as set out in sections 21 and 24 of the German Judiciary Act. The full-time secretariat is based in Wiesbaden and is affiliated with the organisational structure of the Centre for Criminology [Kriminologische Zentralstelle e.V.]. 1.2 – TASKS The principle task of the National Agency is to visit places of detention to draw attention to deficiencies, and to make recommendations and suggestions to the authorities for improving the situation of detainees and for preventing torture and other abuse. Under Article 4 (1) of the OPCAT, a place of detention is any place under a State Party’s jurisdiction and control where persons are or may be deprived of their liberty, either by virtue of an order given by a public authority or at its instigation or with its explicit consent or acquiescence. At the federal level, this definition encompasses all of the approx. 280 detention facilities operated by the Federal Armed Forces, the Federal Police and the customs authorities. In addition, the Federal Agency is also responsible for monitoring deportations carried out by the Federal Police. In 2017, 25,673 persons were deported. The vast majority of facilities fall within the remit of the Joint Commission. Last year, these comprised a total of 181 prisons with independent organisational 1 structures, approx. 1,270 Land police stations with custody cells, all courts with holding cells, six facilities for custody awaiting deportation, approx. 550 psychiatric units in specialist clinics and general hospitals, 27 child and youth welfare facilities with closed units, and approx. 3,500 homes for people with disabilities. Some 11,200 residential care and nursing homes where measures depriving people of their liberty are or can be enforced are also classified as places of detention under the above definition. 1.1 – INSTITUTIONAL FRAMEWORK The objective of preventing torture and abuse is laid down in the OPCAT, which adds a preventive approach to the UN Convention against Torture of 1984. Article 3 of the OPCAT requires that the States Parties set up an NPM. These independent national mechanisms engage in preventive measures and assess whether places of detention ensure humane treatment and detention conditions. The National Agency was set up as Germany’s national mechanism for the prevention of torture. It comprises the Federal Agency for the Prevention of Torture (Federal Agency), which is responsible for facilities run at federal level, and the Joint Commission of the Länder for the Prevention of Torture (Joint Commission), which is responsible for facilities at federal-state level. The two work together as a National Agency and closely coordinate their activities. Under Article 18 of the OPCAT, the State Parties are obliged to guarantee the functional independence of the preventive mechanisms and to make the necessary financial resources available. The members of the Federal Agency are appointed by the Federal Ministry of Justice and Consumer Protection, while the members of the Joint Commission are appointed by the Conference of Ministers of Justice of the Länder. In November 2017, the Conference of Ministers of Justice decided that, “in future, civil society organisations should be involved to a greater extent when appointing the members of the Joint Commission of the National Agency for the Prevention of Torture. Therefore, 1 Federal Statistical Office, total number of prisoners and persons in remand detention 2017, p. 6. (as at 31/08/2017). 9