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8. The report of the NPM
8.5.1. Initiative
If the authority subject to inquiry is able to terminate the impropriety related to fundamental rights within its competence, I may initiate its redress
by the head of the authority subject to inquiry. Such an initiative may be
made directly by phone, orally or by e-mail. In such cases, the date, method, and substance of the initiative shall be recorded in the case file. Within
thirty days of receipt of the initiative, the authority subject to inquiry shall
inform me of its position on the merits of the initiative and on the measures taken.130 If the authority subject to inquiry does not agree with the
initiative, it shall, within thirty days of receipt of the initiative, submit the
initiative to its supervisory organ together with its opinion thereon. Within
thirty days of receipt of the submission, the supervisory organ shall inform
me of its position and on the measures taken.131 Almost all addressees of the
initiatives formulated in my reports on the NPM’s visits in 2018 responded
within the period specified by the law.
8.5.2. Recommendation
If, on the basis of an inquiry conducted, the NPM comes to the conclusion that
the impropriety in relation to a fundamental right does exist, in order to redress
it he/she may – by simultaneously informing the authority subject to inquiry –
address a recommendation to the supervisory organ of the authority subject
to inquiry. Within thirty days of receipt of the initiative, the supervisory organ
shall inform me of its position on the initiative and on the measures taken.132
If the authority subject to inquiry has no supervisory organ, I shall address
the recommendation to the authority subject to inquiry.133 The addressees of
the recommendations formulated in my reports on the NPM’s visits in 2018
responded on the substance within the period specified by the law.
8.5.3. Initiation of proceedings by the prosecution
In order to redress an impropriety related to a fundamental right, I may
initiate proceedings by the competent prosecutor through the Prosecutor
General. Within sixty days, the competent prosecutor shall inform me of his/
her position on the initiation of proceedings and his/her measure, if any.134
130
131
132
133
134
See Section 32(1) and (2) of the Ombudsman Act.
See Section 32(3) of the Ombudsman Act.
See Section 31(1) of the Ombudsman Act.
See Section 31(4) of the Ombudsman Act.
See Section 33(1) of the Ombudsman Act.
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