46 5. The NPM’s visits over their commission letter signed by me, proving their being authorised to proceed in order to perform tasks related to the NPM. The commission letter also contains the names of external experts participating in the visit and their authorisation to cooperate in conducting the visit. In the commission letter, I call the attention of the management and the personnel of the place of detention concerned to the fact that “no authority or official shall order, apply, permit or tolerate any sanction against any person or organization for having communicated to the national preventive mechanism any information, whether true or false, and no such person or organization shall be otherwise prejudiced in any way”.84 In 2018, all places of detention were visited without prior notification. The timing of the visits was usually adjusted to the normal working hours. The timing of visits to some institutions holding extremely vulnerable detainees was adjusted to the peculiarities of the given place of detention. The visiting delegations were given access to all places of detention without any delay. 5.2.2. Inspecting a place of detention Pursuant to Section 39/B(3)a) of the Ombudsman Act, the NPM may “enter without any restriction the places of detention and other premises of the authority under inquiry”. In 2018, the visits by the NPM were all conducted in accordance with the professional rules and methods specified in Commissioner for Fundamental Rights Directive 3/2015. (XI. 30.) AJB on the professional rules and methods of his/her inquiries (hereinafter the “CFR Directive”).85 The members of the visiting delegations inspected the premises, equipment, and furnishing of the places of detention, as well as the documents related to the number, treatment, and conditions of detention of the persons deprived of their liberty, made copies of some of those documents, and, among others, observed the engagement of those persons deprived of their liberty. In order to prevent the ill-treatment of persons deprived of their liberty, the members of the visiting delegations inspected the vacant detention units as well.86 During the visits, my colleagues took pictures of their observations and measured the size and temperature of the premises where the persons deprived of their liberty were placed. 84 85 86 Article 21(1) of the OPCAT. The special professional rules and methods related to the performance of the tasks of the NPM are stipulated in Chapter X of CFR Directive. See: SPT: Analytical self-assessment tool for National Prevention Mechanisms (Clause 25 of CAT/ OP/1/Rev.1).

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