AMNESTY INTERNATIONAL SUBMISSION TO THE UN UNIVERSAL PERIODIC REWIEW
Followup to the previos rewiew
At the time of its first UPR in February 2009, Germany accepted a number of recommendations on issues that are key to improving the human rights situation in the country, including on racism and discrimination; on migrants, asylum-seekers and minority groups; and on the ratification and implementation of international human rights law and standards.
Some positive steps have been taken by the government to give effect to these recommendations, including the establishment in 2009 of a National Preventive Mechanism as required by the Optional Protocol to the Convention against Torture. However, Amnesty International is concerned that the inadequate resources provided may prevent the mechanism from functioning effectively, as discussed in more detail below.
In another positive move, Germany has recently withdrawn its reservations to the Convention on the Rights of the Child, despite having rejected a recommendation to do so during its first Universal Periodic Review. Amnesty International remains concerned, however, that the Convention is not fully implemented as regards unaccompanied or separated asylum-seeking children, as discussed below.
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Much remains to be done as regards other issues on which Germany accepted recommendations during the first review. Amnesty International is particularly concerned about the lack of progress as regards migrants and asylum-seekers, such as the lack of effective protection for some asylum-seekers, including as regards the right to remain; the accelerated asylum determination procedure, known as the "Airport Procedure"; and forcible returns. These concerns are set out in more detail below.
In Amnesty International’s view, the 2009 UPR did not adequately address a number of key human rights concerns on issues such as the situation of migrants in Germany and the use of diplomatic assurances for the purpose of deporting "terrorist" suspects.
Finally, Amnesty International regrets that during the 2009 review, Germany rejected a recommendation to strengthen efforts to prevent law enforcement officials from using excessive force and to put in place independent complaints mechanisms.At the time of the review, Germany claimed that excessive force by police was uncommon and that sufficient complaints mechanisms were already available. However, although some federal states have improved the independence of investigations in cases of alleged excessive use of force by police, no federal state has established an independent body to investigate such cases. Amnesty International’s concerns about investigations into alleged police violence are detailed below.
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