CAT/OP/HUN/2/add.1
in the field of the treatment of persons deprived of their liberty or have at least five years of
professional experience.6
7.
The administration and preparation related to the tasks of the Commissioner for
Fundamental Rights, including those of the NPM, shall be performed by the Office of the
Commissioner for Fundamental Rights (hereinafter the Office). 7 Pursuant to the
Organizational and Operational Rules of the Office, established by way of a normative
instruction 8 by the Commissioner for Fundamental Rights, solely responsible for the
performance of the NPM’s tasks, the staff members of the Office authorized on a permanent
basis to carry out tasks related to the NPM shall perform their work within the frameworks
of a separate organizational unit, the OPCAT National Preventive Mechanism Department. 9
8.
Within the Office, the performance of the NPM’s tasks is separated not only
organizationally, but also functionally. The recruitment and selection of staff members
authorized to perform tasks related to the NPM are conducted in accordance with the special
provisions of Act CXI of 2011 on the Commissioner for Fundamental Rights (hereinafter the
Ombudsman Act).10 To obtain access to classified data necessary for the performance of their
tasks, staff members authorized to perform the tasks related to the NPM shall have the
personal security clearance certificate of the required level.11 Data storage media containing
confidential information gathered by the NPM are stored in the Office separately, in
accordance with special rules of procedure.12
9.
As a general rule, members of the OPCAT National Preventive Mechanism
Department do not conduct inquiries into complaints. However, submissions containing data
or information on the infringement of the provisions of Article 21, Paragraph 1 of the OPCAT
on the prohibition of sanctions are investigated by the staff members of the Department
authorized to perform tasks related to the NPM.13
10.
The NPM conducts its visit based on a schedule of visits adopted during the previous
year. When proceeding in person, the Commissioner for Fundamental Rights shall notify the
management of the place of detention and the detainees held therein that he is proceeding
within the competence of the NPM. In his absence, the commission letter of the
multidisciplinary visiting delegation shall clarify that the members thereof are authorized to
perform tasks related to the NPM. The commission letter of the visiting delegation also
reminds the places of detention and the authorities of the aforementioned prohibition
stipulated in Article 21, Paragraph 1 of the OPCAT.14 It is also indicated on the cover and in
the text of the reports on the visits that they are published by the Commissioner for
Fundamental Rights proceeding in the capacity of the NPM.
11.
The Commissioner for Fundamental Rights has to report to the Parliament on his
performance of the tasks of the NPM. 15 The Parliament shall debate the report of the
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10
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12
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17
Article 30 of the Fundamental Law; Section 40, Subsection (2), Paragraph b) of Act CXI of 2011 on the
Commissioner for Fundamental Rights (hereinafter the Ombudsman Act)
See Article 18, Paragraph 4 of the OPCAT
Section 39/D, Subsection (3) of the Ombudsman Act
Section 41(1) of the Ombudsman Act
See Section 23, Subsection (4), Paragraph f) of Act CXXX of 2010 on Legislation and Section 41(3) of the
Ombudsman Act
By virtue of section 26(2) of Act CXXX of 2010 on Legislation, the normative instruction on the Organizational and
Operational Rules of the Office of the Commissioner for Fundamental Rights, containing my directive on the
establishment of the OPCAT National Preventive Mechanism Department, shall be published in the Hungarian Official
Gazette.
Section 39/D, Subsections (3) and (4) of the Ombudsman Act
Section 39/D, Subsection (2) of the Ombudsman Act
Article 21. Paragraph 2 of the OPCAT
E.g., Case № AJB-3680/2017
“No authority or official shall order, apply, permit or tolerate any sanction against any person or organization for
having communicated to the national preventive mechanism any information, whether true or false, and no such
person or organization shall be otherwise prejudiced in any way.”
Section 40(2)a) of the Ombudsman Act
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