98
10. Dialogue on the measures taken by the NPM
The provisions of Section 38(1) of the Ombudsman Act constitute the
most important legal guarantees of the dialogue. Under these provisions,
if the authority subject to inquiry or its supervisory organ fails to form
a position on the merits and to take the appropriate measure, or I do not
agree with the position or the measure taken, I may submit the case to the
Parliament within the framework of my annual report, and ask Parliament
to inquire into the matter. If the impropriety is of flagrant gravity or affects
a larger group of natural persons, I may propose that the Parliament debate
the matter before the annual report is put on its agenda. The Parliament
shall decide on whether to put the matter on the agenda.
I maintain a dialogue with the addressees of my measures mainly in
writing, involving, as necessary, the supervisory organs, as well. There
is no legal obstacle to holding oral consultations within the framework
of the dialogue. Acting on my recommendation made in the report on
the visit to the Forensic Psychiatric and Mental Institution, the Minister of Justice set up an inter-professional working group, with the participation of my colleagues authorized to perform tasks related to the
NPM, for reviewing and redressing the systemic problems of compulsory treatment. The working group had two meetings in 2017, and one
meeting in 2018.188
The civil lawsuit filed for damaging the reputation of the Children’s Home
related to some of the findings in my report on the visit to Cseppkô Children’s
Home, which was concluded in 2018, meant a special form of dialogue between the NPM and the place of detention.189
The authorities or their supervisory organs under review gave meaningful responses to the measures that I had defined in the 2018 reports of the
NPM and no such grave infringements were uncovered by these visits for
remedying which I should have turned to the National Assembly.
10.1.
Visit to the Cseppkô Children’s Home
My colleagues authorized to perform tasks related to the NPM made preventive visits to the Cseppkô Children’s Home (hereinafter the “children’s
home”) on March 1-2 and April 26, 2016. I sent out the report on the visits,
containing 17 recommendations, to the director of the children’s home and
all those concerned on October 6, 2016.190
188
189
190
See the details on the inter-professional working group set up for reviewing the systemic
problems of compulsory treatment in this chapter.
See the details on Cseppkô Children’s Home in this chapter.
Report No AJB-1603/2016.
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