CAT/C/DEU/CO/6
(c)
The conditions of detention of individuals suspected of terrorism are in
accordance with the requirements set out in article 5 of the Convention for the
Protection of Human Rights and Fundamental Freedoms and the Nelson Mandela
Rules;
(d)
Individuals suspected of terrorism who are in detention, including in the
context of deportations, have adequate access to legal representation and effective
complaint mechanisms. The State party should also collect and publish statistical data
on the number, nature and outcome of the complaints filed by those detainees;
(e)
Surveillance activities are carried out in accordance with its obligations
under the Convention, and that any interference with human rights are in line with
the principles of legality, necessity and proportionality.
46.
The State party should provide information on the concrete steps taken to
investigate the alleged involvement of its law enforcement officers in rendition and
secret detention programmes.
47.
The State party should refrain from facilitating operations from or through its
territory that constitute a gross violation of the absolute prohibition against torture
under the Convention.
Trafficking in human beings
48.
The Committee welcomes the important steps taken by the State party to develop the
legal and institutional framework for combating trafficking in human beings, noting the
importance of this matter and the continued evaluation of the State party by the Group of
Experts on Action against Trafficking in Human Beings (arts. 2, 12 and 16).
49.
The State party should take all measures to prevent and combat trafficking in
human beings, especially children, including by implementing the recommendations
contained in the reports by the Group of Experts on Action against Trafficking in
Human Beings. The State party should ensure that violations are investigated, and
perpetrators are prosecuted and, if convicted, punished with appropriate sanctions.
Reparations and redress
50.
The Committee is concerned that victims of torture, in particular asylum seekers and
undocumented migrants, lack sufficient resources to access comprehensive services for
rehabilitation, and that the overwhelming majority of psychosocial and therapeutic services
are provided by civil society instead of social assistance or health-care providers (art. 14).
In this regard, the Committee draws the State party’s attention to its general comment No. 3
(2012) on the implementation of article 14.
51.
The State party should ensure in law that victims of torture or ill-treatment,
whether committed within the State party or abroad, obtain full and effective redress
and reparation, including compensation and the means for as full a rehabilitation as
possible. The State party should also provide the Committee with information on
legislative measures to ensure funding is available in all Länder for rehabilitative
services, including specialized treatment, for victims of torture and ill-treatment.
Training and education
52.
The Committee is concerned at the insufficient attention to the Convention in the
training of military personnel, as well as the apparent absence of an introduction to
international humanitarian law and international human rights law, including the
Convention, in the curricula of the German Armed Forces United Nations Training Centre.
53.
While taking positive note that the Istanbul Protocol is widely disseminated and part
of the training provided to employees of the Federal Office for Migration and Refugees, the
Committee regrets the lack of information on training at the level of the Länder, in
particular training for medical professionals working with asylum seekers and
undocumented migrants.
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