is based on 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 Office for the Prevention of Torture was established on
20 November 2008 with the statutory notice of the Federal Ministry of Justice (Federal Bulletin, Nr 182, S. 4277).