The National Agency was established according to the Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment dated 10 December 1984. The establishment of a national mechanism for the prevention of torture is determined under Article 3 of the Optional Protocol (known as OPCAT) dated 18 December 2002, which enhances the Subcommittee for the Prevention of Torture (SPT), also established under the same document.

Germany signed the Optional Protocol on 20 September 2002 and implemented it in domestic law with the acceptance statute dated 26 August 2008 (BGBI. II 2008, No. 23).

The Federal Agency for the Prevention of Torture was established on
20 November 2008 by an Administrative Order of the Federal Ministry of Justice (Federal Bulletin, No. 182, p. 4277) and took up its office on 1 May 2009.

The Joint Commission of the States was established by a state treaty of 25 June 2009 for the establishment of a national mechanism under article 3 of the Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The treaty entered into force on 1 September 2010.

On 24 September 2010, the Joint Commission of the States was officially inaugurated by the Minister of Justice of the State of Hesse.

Documents for Download:

• Optional Protocol (OPCAT) of 18 December 2002
• Administrative Order of 20 November 2008  (only in German)
• State Treaty of 25 Juni 2009  (only in German)
• Convention against Torture and Other Cruel
  Inhuman or Degrading Treatment or Punishment (CAT)