30
3. The NPM’s cooperation with civil society organizations
ing external experts delegated by civil society organizations, which would
guarantee more flexibility and transparency for the execution of the task.
The representative of the Hungarian Helsinki Committee assumes that
not all of the more than one hundred lawyer staff members of the Office of
the Commissioner for Fundamental Rights have broad experience in monitoring places of detention. If the civil society organizations could take part
without asking for remuneration for their work, the reports could be completed faster, in line with the SPT’s expectations.
The Deputy Head of Department agreed that the Office has insufficient
human resources indispensable for drafting the reports. There is no statutory
provision based on which the Commissioner for Fundamental Rights could
divide his competence as NPM with civil society organizations or others. No
one can work for free in the performance of the tasks of the National Preventive Mechanism. In such cases, statutory provisions pertaining to voluntary
work carried out without remuneration should be applied.
The Commissioner for Fundamental Rights called attention to the fact
that not even judges involve external legal experts to draft their judgements
because it is the judges that must have the necessary legal competence to
be able to decide in a case.
The Deputy Head of Department pointed out that the fund set up in accordance with Article 26 of OPCAT (hereinafter the “Fund”) made it possible
to aid the funding of the implementation of the recommendations formulated in the wake of the visits paid to the States Parties by the Subcommittee
on Prevention of Torture as well as that of the educational programmes of
the National Preventive Mechanisms. The deadline for the submission of
applications for 2018 was 28 February. In his response to the Report, the
Commissioner for Fundamental Rights proposed that based on Article 11
of OPCAT, the SPT could help reinforce the NPM’s capacities by holding
trainings. The Deputy Head of Department informed those present that
the NPM would consult with the representative of each and every member
organization of the CCB regarding the applications for 2019.
According to the Deputy Head of Department, the NPM’s schedule of
visits for 2018 includes several police places of detention and penal institutions. The NPM welcomes any warnings in connection with the operation
of all types of places of detention as well as with the ill-treatment of the
detainees. The Deputy Head of Department asked the participants to inform the NPM if they had information about or learn of any relevant facts
or circumstances.
The Commissioner for Fundamental Rights reported that the director of
the Cseppkô Children’s Home had brought a lawsuit against the Commissioner for Fundamental Rights claiming to have suffered damage to the
reputation of the institution as a result of the conclusions and recommen-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents