Germany - NPM Structure

Opcat status

OPCAT Ratification December 4, 2008
OPCAT Ratification comment

Declaration under Article 24 of the OPCAT, Part IV

UNCAT Ratification October 1, 1990
SPT Member Ms. Margarete Osterfeld
NPM Designated

National Agency for the Prevention of Torture, comprising:

- Federal Agency for the Prevention of Torture (Bundesstelle zur Verhütung von Folter); and

- Joint Commission of the Länder (Länderkommission zur Verhütung von Folter)

NPM Type

New Specialised Institution

NPM Legal Framework

OPCAT Ratification Bill (2 September 2008) and Statutory Notice (20 November 2008, Federal Bulletin, Nr 182, S. 4277), Ministry of Justice, establishing the Federal NPM.

Inter-state treaty, 24 June 2009 establishing the federal states’ component of the NPM.

The National Agency for the Prevention of Torture is composed of two institutions: the Federal Agency for the Prevention of Torture and and the Joint Commission of the Länder.

The Federal Agency monitors the facilities which fall under the jurisdiction of the Federal Republic of Germany, namely detention facilities of the Federal Police, those of the Federal Armed Forces and the Customs. It is also responsible for monitoring forced returns flights.

The Joint Commission monitors facilities which fall under the jurisdiction of the federal states (Länder), which mainly refer to judicial, police and psychiatric facilities. These are the vast majority of places of detention in Germany.

The National Agency developed its rules of procedure.