148
Annex 1 – The NPM’s response to the conclusions…
3. The provision of training and information on the prevention of torture is not included in the training programme of the persons working in the social and healthcare sector, or those who are involved in
depriving persons from their personal liberty. Those members of
the police staff who graduated from higher education institutions
on law and administration have such knowledge, however, those
members of the police staff who have lower qualifications or ranks
receive no such training.298 The NPM detected the above-mentioned
deficiencies already during his visits to other places of detention
and he proposed that these be eliminated.
4. In the past three years, the NPM has regularly examined whether
the staff of the visited places of detention are aware of the information related to the prohibition of torture, however, he has not yet
analysed the curricula of the educational institutions.299 It should
be considered in what form and in what framework the NPM can
efficiently handle this issue. Prior to elaborating his final position
on the issue, the NPM will consult the members and staff of the
national preventive mechanisms operating in the region, who have
considerable experience in this respect.
5. To date, neither the Commissioner for Fundamental Rights fulfilling
the functions of the NPM, nor the staff members authorised to perform his tasks have been exposed to any threats or reprisals.300 The
Commissioner for Fundamental Rights shall report to the National
Assembly on his activities, including the performance of the tasks of
the NPM.301 Any potential threats or reprisals concerning the Commissioner for Fundamental Rights or his staff members authorised
to perform the NPM’s tasks should be reported to the National Assembly, in addition to making a criminal report or launching another type of official proceeding.
6. The NPM’s structure is based on the notion that the tasks of the NPM
shall be performed by the Commissioner for Fundamental Rights as
the National Human Rights Institution302 of the UN. When performing the tasks of the NPM, the Commissioner for Fundamental Rights
may proceed, within his discretion, either personally, or through his
colleagues authorised by him to carry out tasks related to the NPM.
The Commissioner for Fundamental Rights shall authorise at least
Analytical assessment tool for national preventive mechanisms 1/1.
Analytical assessment tool for the national preventive mechanisms 2/45.
300
Analytical assessment tool for national preventive mechanisms 4/171.
301
Article 30 of the Fundamental Law of Hungary; Section 40(2)a) of the Ombudsman Act.
302
See Article 18, Note 4 of the OPCAT.
298
299
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