Annex 1 – The NPM’s response to the conclusions… eleven staff members to perform the tasks related to the NPM. The authorised public servant staff members shall have outstanding theoretical knowledge in the field of the treatment of persons deprived of their liberty, or have at least five years of professional experience in addition to their academic qualification.303 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).304 Pursuant to the Organisational and Operational Rules of the Office, established by way of a normative instruction305 by the Commissioner for Fundamental Rights, who is solely responsible for the performance of the NPM’s tasks, the staff members of the Office authorised on a permanent basis to carry out tasks related to the NPM shall perform their work within the frameworks of a separate organisational unit, the OPCAT National Preventive Mechanism Department.306 8. Within the Office, the performance of the NPM’s tasks is separated not only organisationally but also functionally. The recruitment and selection of staff members authorised to perform the 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).307 To obtain access to classified data necessary for the performance of their tasks, the public official staff members authorised to perform the tasks related to the NPM shall have the personal security clearance certificate of the required level.308 Data storage media containing confidential information gathered by the NPM are stored in the Office separately, in accordance with special rules of procedure.309 9. As a general rule, members of the OPCAT National Preventive Mechanism Department do not conduct inquiries into complaints. However, 303 304 305 306 307 308 309 Section 39/D, Subsection (3) of Act CXI of 2011 on the Commissioner for Fundamental Rights (hereinafter the Ombudsman Act). Section 41(1) of the Ombudsman Act. See Section 23, Subsection (4), Note 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 Organisational 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(2) of the OPCAT. 149