1.3. Preventive activities of the National Preventive Mechanism 1.3. Preventive activities of the National Preventive Mechanism The “Commissioner for Fundamental Rights shall perform fundamental rights protection activities”39 which also cover the enforcement of the prohibition of torture, inhuman, degrading treatment or punishment. Pursuant to Article 2.1 of the UN Convention against Torture, “each State shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction”. “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency,”40 or “an order from a superior officer or a public authority”41 may be invoked as a justification of torture. In the opinion of the Constitutional Court, the prohibition of torture and cruel, inhuman, and degrading treatment or punishment is an absolute prohibition, and “thus no other constitutional right or task may be weighed against it”.42 Pursuant to Article 11 of the UN Convention against Torture, “each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture”. By virtue of Article 16 of the UN Convention against Torture, the State Party’s obligation to take effective measures, stipulated in Article 2 of the UN Convention against Torture, shall also cover the prevention of ill-treatment.43 The State Party also has an obligation to prevent torture and ill-treatment, stipulated in Articles 2 and 16 of the UN Convention against Torture, whether committed by public officials, other persons acting in an official capacity or private individuals. It is the responsibility of States Parties to prevent acts of torture and ill-treatment in all contexts of deprivation or restriction of liberty, including, for example, in prisons, hospitals, schools, institutions that engage in providing care for children, older persons, persons with mental illness or persons with disabilities, in military service and in other institutions as well as in contexts where the failure of the State to intervene encourages and enhances the danger of privately inflicted harm.44 Prevention extends to any type of treatment of any individual deprived of 39 40 41 42 43 44 Section 30(1) of the Fundamental Law. Article 2.2 of the UNCAT. Article 2.3 of the UNCAT. 36/2000. Chapter IV, Clause 2.4 of Constitutional Court Decision 36/2000 (X. 27.) CAT General Comment No. 2 (Clause 3 of CAT/C/GC/2). SPT: Prevention of torture and ill-treatment of women deprived of their liberty (Clause 13 of CAT/ OP/27/1). 19