60 8. The report of the NPM facts and circumstances that indicate that the staff members of certain places of detention have failed to comply or complied belatedly with their obligation to cooperate, stipulated in Section 25(1) of the Ombudsman Act. Under findings, I also have to elaborate whether the fundamental-rights-related impropriety, uncovered during the visit, is the result of the wrong interpretations of the law, a redundant, unclear, or inadequate provision of a legal act, or the absence or the deficiency of the given issue’s legal regulation.121 Pursuant to Article 16(1) of the UN Convention against Torture, each State Party “shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity”. The UN Convention against Torture does not give a definition of “other acts” of ill-treatment which do not qualify as torture as defined in Article 1. The prohibition of “other acts” when performing my tasks related to the National Preventive Mechanism compels me to raise my voice against various types of treatment that fall outside the concept of torture but cause suffering to the persons deprived of their liberty. My experience shows that, in the case of detainees, enduring not only treatment and/or placement conditions violating the prohibition of torture and other cruel, inhuman or degrading treatment or punishment but also treatment and/or placement conditions resulting in an impropriety related to fundamental rights may cause serious physical or psychological ordeal. Since the “full respect for the human rights of persons deprived of their liberty” is a common responsibility shared by all,122 in my reports published within my activities as NPM, in addition to preventing torture and other cruel, inhuman or degrading treatment or punishment, I also consider myself tasked with establishing and preventing other fundamental-rights-related improprieties and the threat thereof.123 When establishing a fundamental-rights-related impropriety or the threat thereof, in my argument I refer, in particular, to the interpretation of the law by the European Court of Human Rights, the CPT, the Committee on the Rights of Persons with Disabilities,124 the other organs of the UN and the Council of Europe, as well as by the Constitutional Court. 121 122 123 124 See also Article 11 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, promulgated by Law-decree 3 of 1988. See the Preamble of the OPCAT. See Article 30(1) of the Fundamental Law. See Article 34 of the United Nations Convention on the Rights of Persons with Disabilities, promulgated into law by Act XCII of 2007.

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