CAT/C/DEU/CO/5
Access to complaint mechanisms
18.
The Committee is concerned at information that alleged victims of ill-treatment by
the police are not aware of complaint procedures beyond reporting their complaints to the
police, who in some cases refused to accept allegations of misconduct by the police. The
Committee is further concerned at reported cases of ill-treatment of persons in a vulnerable
situation who have declined to file a complaint against the police out of fear of countercomplaints by the police or other forms of reprisals (arts. 12, 13 and 16).
The Committee recommends that the State party take appropriate measures to:
(a)
Ensure that information about the possibility and procedure for filing a
complaint against the police is made available and widely publicized, including by
being prominently displayed in all police stations of the Federal and Länder Police;
and
(b)
Ensure that all allegations of misconduct by the police are duly assessed
and investigated, including cases of intimidation or reprisals in particular against
persons in vulnerable situation as a consequence of the complaints of ill-treatment by
the police.
Prompt, independent and thorough investigations
19.
The Committee welcomes the information provided by the State party on the
measures taken by the Federal Government and the Länder to ensure that investigations into
allegations of criminal conduct by the police are conducted promptly and impartially.
However, the Committee is concerned that allegations of torture and ill-treatment and
unlawful use of force by the police at the federal level continue to be investigated by the
Public Prosecution Offices and the police acting under the supervision of the Public
Prosecution Offices. The Committee is particularly concerned by the allegations that
several incidents of ill-treatment by the police, raised during the dialogue with the State
party, have not been investigated promptly, independently and thoroughly, as in some of
those cases the same Federal Police unit to which the accused police officer belonged was
responsible for parts of the investigation. The Committee thus reiterates its concern at the
absence at the federal level as well as in some Länder of independent and effective
investigations into the allegations of ill-treatment (arts. 12, 13 and 16).
The Committee recommends that the State party:
(a)
Take all appropriate measures both at the federal and Länder level so as
to ensure that all allegations of torture and ill-treatment by the police are investigated
promptly and thoroughly by independent bodies, with no institutional or hierarchical
connection between the investigators and the alleged perpetrators among the police;
and
(b)
Provide the Committee with its comments on the specific cases of illtreatment by the police raised during the dialogue with the State party.
Intersex people
20.
The Committee takes note of the information received during the dialogue that the
Ethical Council has undertaken to review the reported practices of routine surgical
alterations in children born with sexual organs that are not readily categorized as male or
female, also called intersex persons, with a view to evaluating and possibly changing
current practice. However, the Committee remains concerned at cases where gonads have
been removed and cosmetic surgeries on reproductive organs have been performed that
entail lifelong hormonal medication, without effective, informed consent of the concerned
individuals or their legal guardians, where neither investigation, nor measures of redress
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