CAT/C/DEU/CO/6
54.
The Committee further regrets the lack of clarity on whether personnel, including
interpreters, in contact with asylum seekers and undocumented migrants complete
mandatory training on identifying the signs of trauma, including mental disorders (art. 10).
55.
The State party should:
(a)
Guarantee the ongoing training of all personnel, including by ensuring
that education, information and instructions regarding the provisions of the
Convention are fully included in the training of military personnel and other persons
who may be involved in the custody, interrogation or treatment of any individual
subjected to any form of arrest, detention or imprisonment;
(b)
Ensure that both the Convention and other related international
instruments, such as the Nelson Mandela Rules and the United Nations Rules for the
Treatment of Women Prisoners and Non-custodial Measures for Women Offenders
(the Bangkok Rules), are included in training;
(c)
Ensure that training on the identification of signs of physical and mental
torture, in particular on the Istanbul Protocol, is specifically provided to personnel
dealing with asylum seekers and refugees;
(d)
Develop and implement specific methodologies to assess the effectiveness
and impact of training and educational programmes provided to relevant public
officials on the provisions of the Convention in terms of reducing the number of cases
of torture and ill-treatment.
56.
The State party should provide the Committee with specific data on the use of
the Istanbul Protocol and any decisions that concluded that asylum seekers were
victims of torture or ill-treatment.
Convention as source of law in national courts
57.
The Committee notes with concern the lack of detail provided by the State party on
cases in which the Convention has been invoked and directly applied before the domestic
courts (arts. 2 and 10).
58.
The State party should disseminate the Convention to all public authorities,
including the judiciary, thus facilitating invocation and direct application of the
Convention before domestic courts, both at the federal and Länder levels. The State
party should also provide information to the Committee on the number of domestic
cases in which the Convention has been invoked or directly applied.
Follow-up procedure
59.
The Committee requests the State party to provide, by 17 May 2020,
information on follow-up to the Committee’s recommendations on the National
Agency for the Prevention of Torture, violence against asylum seekers and migrants,
and training on the Istanbul Protocol (see paras. 14, 31 (d) and 55 (c) above,
respectively). In that context, the State party is invited to inform the Committee about
its plans for implementing, within the coming reporting period, some or all of the
remaining recommendations in the concluding observations.
Other issues
60.
The State party should take appropriate measures to notify the SecretaryGeneral through the Treaty Section of the Office of Legal Affairs of the revocation of
its declaration made under the Optional Protocol to the Convention, concerning the
postponement of the implementation of its obligations under Part IV of the Optional
Protocol.
61.
The Committee invites the State party to ratify the core United Nations human
rights treaties to which it is not yet party.
62.
The State party is requested to disseminate widely the report submitted to the
Committee and the present concluding observations, in appropriate languages,
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