CAT/OP/HUN/2/Add.1
case-by-case basis carried out their work30 and were remunerated31 on the basis of civil law
contracts, in accordance with the legal provisions on forensic medical experts. The ad hoc
employment of physicians participating in the visits makes it possible to select them, upon
the recommendation of the Civil Consultative Body, in accordance with the specifics of a
given place of detention (e.g., psychiatrist, paediatric psychiatrist, internist, geriatrician
etc.). The aforementioned solution efficiently ensures the diverse professional background 32
advocated in the NPM Guidelines. Against this background, the NPM intends to turn to the
Government in connection with the amendment of the legal regulation33 on the physician
positions.
17.
In accordance with the recommendations set forth in Clauses 25 and 26 of the
Subcommittee’s report, the Office maintains regular, constructive dialogue with the staff of
the Ministry for National Economy in order to ascertain what is needed by the
Commissioner for Fundamental Rights to permit him to properly fulfil his legal mandate,
including the performance of the tasks of the NPM. This dialogue provides the basis for the
chapter of the draft budget relative to the Office.34
C.
Cooperation with the Civic Consultative Body (CCB)
18.
In accordance with the recommendation made in Clause 29 of the Subcommittee’s
report, the NPM maintains communication in a collaborative manner with the CCB not
only at the regular meetings but also through other channels of communication, e.g.,
correspondence, ad hoc consultations, conferences etc. The staff members authorized to
perform tasks related to the NPM also consult the members of this body when preparing the
annual schedule of visits and prior to the inspection.
19.
The NPM applies unambiguous, transparent methods both when conducting
investigations and in its cooperation with the members of the CCB. In preparing and
conducting visits, preparing reports, and following up recommendations, the NPM proceeds
in accordance with Normative Instruction 3/2015. (XI. 30.) AJB of the Commissioner for
Fundamental Rights on the professional rules and methods of his/her inquiries. 35
20.
The frameworks of cooperation with civil society organizations are regulated by the
prevailing legal regulations on the one hand, and by the Rules of Procedure 36 of the CCB on
the other.
21.
Cooperation with civil society organizations outside the CCB is conducted as
required. The CCB may review the NPM’s working methods, reports, info materials, and
other publications; discuss the training plan designed for developing the capabilities of the
staff members authorized to perform the tasks related to the NPM; participate in
conferences, workshops, exhibitions, and other events organized by the NPM. 37 Within the
framework of their cooperation, the NPM and the civil society organizations mutually
benefit from each other’s knowledge and professional experience.
22.
In accordance with the recommendation made in Clause 30 of the Subcommittee’s
report, the experts recommended by the civil society organizations regularly participate in
the visits of the NPM. Physicians participated in 13, and dietitians in 9 of the 17 visits
conducted so far (on some occasions both a physician and a dietitian joined the visiting
delegation). Experts recommended by the civil society organizations participated in seven
30
31
32
33
34
35
36
37
See Act XXIX of 2016 on Judicial Experts.
See Minister of Justice Decree 3/1986. (II. 21.) IM on the remuneration of judicial experts.
Clause 20 of CAT/OP/12/5.
Section 39/D, Subsection (4) of the Ombudsman Act.
For details, see Paragraph 14 herein.
See Chapter X (Tasks related to the OPCAT National Preventive Mechanism) of Normative
Instruction 3/2015. (XI. 30.) AJB of the Commissioner for Fundamental Rights on the professional
rules and methods of his/her inquiries.
Normative Instruction 3/2014. (IX. 11.) of the Commissioner for Fundamental Rights on the
establishment and the rules of procedure of the Civil Consultative Body.
Section 6 of Normative Instruction 3/2014. (IX. 11.) of the Commissioner for Fundamental Rights on
the establishment and the rules of procedure of the Civil Consultative Body.
5