CAT/C/DEU/CO/5
Exercise of jurisdiction
28.
The Committee is seriously concerned at the reported reluctance on part of the State
party to exercise jurisdiction over allegations of torture and ill-treatment of persons
rendered abroad, including the case of Khaled El-Masri, in violation of article 5 of the
Convention. In addition, the Committee is concerned at the absence of information from the
State party whether Khaled El-Masri has received any remedies, including compensation, in
accordance with article 14 of the Convention (arts. 5 and 14).
The State party is urged to observe article 5 of the Convention which requires that the
criteria for exercise of jurisdiction are not limited to nationals of the State party. The
State party should also inform the Committee about the remedies, including adequate
compensation provided, to Khaled El-Masri, in accordance with article 14 of the
Convention.
Training of law enforcement personnel
29.
While taking note of the training of the federal and Länder law enforcement
personnel on the Convention, constitutional guarantees and public and national criminal
and procedural law, the Committee expresses its concern at the lack of specific training to
all professionals directly involved in the investigation and documentation of torture as well
as medical and other personnel involved with detainees and asylum-seekers on the Manual
on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (Istanbul Protocol). The Committee is also concerned
that the training on the Istanbul Protocol, to be introduced next year in all the Länder, is
designed to focus on detecting physical but not psychological traces of torture. The lack of
training on the absolute prohibition of torture in the context of instructions issued to the
intelligence services is yet another source of concern (arts. 2, 10 and 16).
The Committee recommends that the State party:
(a)
Ensure that all law enforcement, medical and other personnel involved
in the holding in custody, interrogation or treatment of any individual subjected to
any form of arrest, detention or imprisonment and the documentation and
investigation of torture are provided, on a regular basis, with training on the Manual
on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (Istanbul Protocol), requiring the
identification of both physical and psychological consequences for victims of torture;
(b)
Ensure that such training is also provided to personnel involved in
asylum determination procedures, and make the existing publications and training
tools on the Istanbul Protocol available on the Internet; and
(c)
Include systematic reference to the absolute prohibition of torture in the
instructions issued to the intelligence services.
Identification of police officers
30.
The Committee is concerned by the State party’s information that police officers,
except in Brandenburg and Berlin, are not obliged to wear identification badges showing
their number or name during the exercise of their functions and that even in those two
Länder the wearing of badges might be withdrawn in order to protect the safety and
interests of the police officers, according to the State party. This practice has reportedly
hindered in many cases the investigation and holding to account of the police officers
allegedly implicated in ill-treatment, including the incidents of the excessive use of force in
the context of demonstrations. According to a study commissioned by the Berlin Police,
some 10 per cent of cases of alleged ill-treatment by the police could not be elucidated or
prosecuted because of lack of identification (arts. 12, 13 and 14).
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