Germany - OPCAT Situation

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 (2014-2016; 2017-2020)
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.

Germany ratified the OPCAT in 2008 with a Declaration under Article 24 (Part III) of the OPCAT, delaying the establishment of its National Preventive Mechanism.

After consultations with the different Länders, Germany decided to create new institutions as National Preventive Mechanisms: a Federal Agency for the Prevention of Torture (operational in 2009) and a Joint Commission for the Länder (operational in September 2010). Both institutions were finally merged into one institution: the National Agency for the Prevention of Torture.

The SPT conducted a NPM advisory visit to Germany in April 2013. Both the reports to the NPM and the State have been made public.

The SPT member Aisha Shujune Muhammad is the SPT Focal Point for Germany.