the extent possible, to assist in substantiating the allegations;
(o) Provide, within one year, information on its responses to the Committee’s recommendations contained in
subparagraphs (a), (b), (i), (k) and (m) above.
(p) Widely disseminate the reports submitted by the Czech Republic to the Committee and the conclusions and
recommendations thereon, in appropriate languages through official web sites, the media and non-governmental
organizations;
(q) Submit its next periodic report by 31 December 2009, the date on which the fifth periodic report is due. This report
should combine the fourth and fifth periodic reports.
GERMANY*
88.The Committee examined the third periodic report of Germany (CAT/C/49/Add.4) at its 600th and 603rd meetings
(CAT/C/SR.600 and 603), held on 7 and 10 May 2004, and adopted the following conclusions and recommendations.
A. Introduction
89.The Committee welcomes the third periodic report of Germany, although it regrets the three-year delay in its submission. The
report complies with the Committee’s reporting guidelines; in particular, it addresses the State party’s response to the Committee’s
previous concluding observations. The Committee commends the comprehensive written responses provided to the list of issues, as
well as the meticulous responses provided to all oral questions posed. Finally, the Committee also welcomes the State party’s
willingness to engage in a full and frank dialogue with the Committee on all issues arising under the Convention.
B. Positive aspects
90.The Committee welcomes:
(a)The State party’s strengthening of institutional protections for human rights, including through the establishment of the Human
Rights Committee of the Federal Parliament and the Federal Government’s submission of biennial national human rights reports to the
Federal Parliament;
(b)The establishment in March 2001 of the German Institute for Human Rights, a focal point of whose competence is monitoring of
the domestic human rights situation;
(c)The State party’s reaffirmation of its commitment to the absolute character of the ban on exposure to torture, including through
refoulement. In this respect, the Committee takes note of the recent institution of criminal proceedings against a senior Frankfurt
police officer on charges of threatened use of torture. In addition, it welcomes the State party’s confirmation that the ban on
refoulement contained in article 3 of the Convention is applicable to all cases, including where the asylum-seeker has been denied
refugee status on security grounds;
(d)The State party’s commitment to external scrutiny of its record under the Convention, expressed by its acceptance of the
Committee’s competence to hear complaints under articles 21 and 22 of the Convention;
(e)The significant improvements that have been made over the reporting period (i) to the Frankfurt airport refugee facilities; (ii) to the
applicable refugee determination processes conducted there; and (iii) to the methods exercised in forcibly returning failed asylumseekers by air;
(f)The State party’s passage of legislation to implement the Rome Statute of the International Criminal Court, which comprehensively
codifies crimes against international law, including torture in the context of genocide, war crimes or crimes against humanity;
(g)The consideration by the State party of issues of torture and other conduct contrary to the Convention that is committed by nonState actors, when relevant under the Convention, in asylum and removal proceedings, and the fact that according to federal
jurisprudence individual claims of mistreatment may also be made where a person originates from a “safe” third country;
(h)The State party’s initiative to establish the mandate of a Special Rapporteur of the United Nations Commission on Human Rights
on trafficking in persons, especially in women and children.
C. Subjects of concern
91.The Committee expresses its concern at:
(a)The length of time taken to resolve criminal proceedings arising from allegations of ill-treatment of persons in the custody of law
enforcement authorities, including in particular serious cases where death has resulted, such as that of Amir Ageeb, who died in May
1999;
(b)Some allegations that criminal charges have been brought, for punitive or dissuasive purposes, by law enforcement authorities
against persons who have brought charges of ill-treatment against law enforcement authorities;
(c)The fact that for numerous areas covered by the Convention, the State party was unable to supply statistics, or appropriately
disaggregate those in its possession. During the current dialogue, this occurred with respect to, for example, public prosecutions,
alleged cases of collusive allegations of ill-treatment, cases of counter-charges being brought by law enforcement authorities, and
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