npm annual report 2016 / annex 1
CHAPTER 1 a
National Preventive Mechanism (NPM)
(28.6.2013/495)
Section 11 a
National Preventive Mechanism (28.6.2013/495)
The Ombudsman shall act as the National Preventive Mechanism referred to in Article 3 of the Optional Protocol to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (International Treaty Series
93/2014 ).
Section 11 b
Inspection duty (28.6.2013/495)
(1) When carrying out his or her duties in capacity of the National Preventive
Mechanism, the Ombudsman inspects places where persons are or may be deprived
of their liberty, either by virtue of an order given by a public authority or at its instigation or with its consent or acquiescence (place of detention).
(2) In order to carry out such inspections, the Ombudsman and an official in the
Office of the Ombudsman assigned to this task by the Ombudsman have the right
of access to all premises and information systems of the place of detention, as well
as the right to have confidential discussions with persons having been deprived of
their liberty, with the personnel of the place of detention and with any other persons who may supply relevant information.
Section 11 c
Access to information (28.6.2013/495)
Notwithstanding the secrecy provisions, when carrying out their duties in capacity
of the National Preventive Mechanism the Ombudsman and an official in the Office of the Ombudsman assigned to this task by the Ombudsman have the right to
receive from authorities and parties maintaining the places of detention information
about the number of persons deprived of their liberty, the number and locations of
the facilities, the treatment of persons deprived of their liberty and the conditions in
which they are kept, as well as any other information necessary in order to carry out
the duties of the National Preventive Mechanism.
Section 11 d
Disclosure of information (28.6.2013/495)
In addition to the provisions contained in the Act on the Openness of Government
Activities (621/1999) the Ombudsman may, notwithstanding the secrecy provisions,
disclose information about persons having been deprived of their liberty, their treatment and the conditions in which they are kept to a Subcommittee referred to in
Article 2 of the Optional Protocol to the UN Convention against Torture and other
Cruel, Inhuman or Degrading Treatment or Punishment.
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