CAT/C/DEU/CO/5
torture and ill-treatment by law enforcement, security, military and prison personnel,
trafficking and domestic and sexual violence, crimes with racist motives, and on means of
redress, including compensation and rehabilitation provided to the victims (arts. 2, 12, 13
and 16).
The Committee recommends that the State party compile data relevant to the
monitoring of the implementation of the Convention at the national level, including
data on complaints, investigations, prosecutions and convictions of cases of torture
and ill-treatment by law enforcement, security, military and prison personnel,
trafficking, domestic and sexual violence, crimes with racist motives, andon means of
redress, including compensation and rehabilitation provided to the victims.
34.
Noting the commitment made by the State party in the context of the universal
periodic review of Germany, the Committee recommends that the State party ensure full
implementation of the provisions of international human rights instruments, in particular in
the context of counter-terrorism measures.
35.
The Committee invites the State party to ratify the core United Nations human rights
treaties to which it is not yet a party, namely, the International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families, and to consider
signing and ratifying the Optional Protocol to the Covenant on Economic, Social and
Cultural Rights.
36.
The State party should consider withdrawing its declaration to article 3 of the
Convention with a view to allowing direct application of article 3 of the Convention before
courts and authorities at federal and Länder levels.
37.
The State party is requested to disseminate widely the report submitted to the
Committee, summary records and the present concluding observations, in appropriate
languages, through official websites, the media and non-governmental organizations.
38.
The State party is invited to further update its common core document
(HRI/CORE/DEU/2009), in accordance with the requirements of the common core
document contained in the harmonized guidelines on reporting under the international
human rights treaties (HRI/GEN.2/Rev.6).
39.
The Committee requests the State party to provide, by 25 November 2012, followup information in response to the Committee’s recommendations related to (a) regulating
and restricting the use of physical restraints in all establishments, (b) limiting the number of
detained asylum-seekers including the “Dublin cases” and ensuring mandatory medical
checks of detained asylum seekers, (c) exercising jurisdiction in accordance with article 5
of the Convention and providing information about the remedies including compensation
provided to Khaled El-Masri, and (5) ensuring that members of the police in all the Länder
can be effectively identified and held accountable when implicated in ill-treatment, as
contained in paragraphs 16, 24, 28 and 30 of the present document.
40.
The State party is invited to submit its next report, which will be the sixth periodic
report, by 25 November 2015. To that purpose, the Committee invites the State party to
accept, by 25 November 2012, to report under its optional reporting procedure, consisting
in the transmittal, by the Committee to the State party, of a list of issues prior to the
submission of the periodic report. The State party’s response to this list of issues will
constitute, under article 19 of the Convention, its next periodic report to the Committee.
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