21
2.
Staff members participating
in performing tasks related to the NPM
and the costs related to performing
the tasks of the NPM
2.1.
Public servants in the Office of the Commissioner
for Fundamental Rights
Pursuant to Article 18.2 of the OPCAT, the States Parties “shall take the necessary measures to ensure that the experts of the national preventive mechanism
have the required capabilities and professional knowledge. They shall strive for
a gender balance and the adequate representation of ethnic and minority groups
in the country”.
In the performance of my tasks related to the NPM, I may act in person
or by way of the members of my staff authorised by me. Staff members authorised by me shall have the investigative powers of the NPM,51 and the
obligation for cooperation of the authorities concerned as well as their management and staff, pursuant to Section 25 of the Ombudsman Act, shall be
complied with also in their respect.52
To perform tasks related to the NPM, I have to authorise, on a permanent basis, at least eleven public servants from among the staff members
of my Office. The “authorised public servant staff members shall have outstanding knowledge in the field of the treatment of persons deprived of their liberty or have at least five years of professional experience”.53 Among them, “there
shall be at least one person who has been proposed by the Deputy Commissioner
for Fundamental Rights responsible for the protection of the rights of nationalities living in Hungary and at least two persons each with a degree in law, medicine and psychology respectively. Among the authorised public servant staff
51
52
53
See Sections 21, 22 and 26, and 27(1)-(2) of the Ombudsman Act.
See Section 39/D(1) of the Ombudsman Act.
See Section 39/D(3) of the Ombudsman Act.
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