48
5. The NPM’s visits
The members of the visiting delegation make notes on all hearings conducted with both the persons deprived of their liberty and the personnel of
the given place of detention. The interviewees, should they be members of
the staff or visitors, are always notified that no one “shall suffer any disadvantage for providing information to the NPM”.90
5.2.4. Document inspection
Pursuant to Section 39/B(3) of the Ombudsman Act, the NPM may “inspect
without any restriction all documents concerning the number and geographical location of places of detention, the number of persons deprived of their liberty who are
held there, on the treatment of these persons and on the conditions of their detention,
and make extracts from or copies of these documents”.
Prior to starting the inspection, the head of the visiting delegation hands
over the list of those documents that he/she or any member of the delegation wishes to inspect or make copies thereof. If, during the visit, inspection
of additional documents or making extracts from or copies of those documents becomes necessary, the members of the visiting delegation shall notify thereof the competent staff member of the given place of detention.
In the absence of prior notice, the staff members of the places of detention cannot prepare for the inspection; therefore, they often cannot immediately present some documents or make the requested copies by the end of
the visit. Should it be the case, the requested documents shall be presented
to the NPM within the deadline set by the head of the visiting delegation,
which may not be shorter than fifteen days.91
In 2018, I received all the documents required for performing the tasks
related to the NPM within the statutory deadline.
5.2.5. Concluding the visit
The duration of the NPM’s visits in 2018 ranged between three hours and
two days. All the visits were concluded, stressing partnership, by giving
feedback to the personnel of the given place of detention.92
90
91
92
See Section 39/E of the Ombudsman Act.
Pursuant to Section 21(1)a) of the Ombudsman Act, “in the course of his inquiries the Commissioner for Fundamental Rights may request data and information from the authority subject to inquiry on the proceedings it has conducted or failed to conduct, and may request copies of the relevant
documents”. By virtue of Section 21(2) of the Ombudsman Act, “the request of the Commissioner
for Fundamental Rights pursuant to points a) and b) of subsection (1) shall be complied with within
the time-limit set by the Commissioner. The time-limit may not be shorter than 15 days.”
See: SPT: Analytical self-assessment tool for National Prevention Mechanisms (Clause 27 of CAT/
OP/1/Rev.1).
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