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2. Staff members participating in performing tasks related to 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 authorized by me. Staff members authorized by me shall have the investigative powers of the
NPM,46 and the obligation for cooperation of the authorities concerned as well as their management
and staff pursuant to Section 25 shall be complied with also in their respect.47
To perform tasks related to the NPM, I have to authorize, on a permanent basis, at least eleven public
servants from among the staff members of my Office. The “authorized public servant staff members shall be
experts with a graduate degree and have outstanding knowledge in the field of the treatment of persons deprived of their
liberty or have at least five years of professional experience.” 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 authorized public servant staff members, the number of the representatives of either sex may exceed that of the
other by one at the most.”48
The staff members of my Office permanently authorized to perform tasks related to the NPM49 carry
out their activities within a separate organizational unit, the OPCAT National Preventive Mechanism
Department.50 On January 1, 2017, the Department started to work with two psychologists and six
lawyers on board. The Department’s gender composition is in compliance with the provisions of the
Ombudsman Act.
In 2017, while performing the tasks related to the NPM, I had to face two major challenges. On the
one hand, due to the lack of applicants, we could not fill the two physician positions stipulated in
Section 39/D(4) of the Ombudsman Act. My Office employed the physicians participating in the
NPM’s visits on an ad hoc basis, using civil law contracts. On the other hand, staff turnover was rather
high among the lawyers participating in the performance of tasks related to the NPM. Two of the six
lawyers working in the Department on January 1, 2017, left during the year. The vacated lawyer
positions have been filled through an open call for application, in accordance with the Ombudsman
Act’s provisions on gender composition.51
A psychologist has also been added to my staff permanently authorized to perform tasks related to the
NPM. Taking over and completing the ongoing tasks of their departing colleagues, filling the vacated
positions, and training their newly hired colleagues have placed a heavy burden on the staff members of
the Department. Due to the permanently vacant physician and the temporarily vacant lawyer positions,
the Department worked, on average, with six public servant staff members during the year.
See Sections 21, 22, 26, and 27(1)-(2) of the Ombudsman Act
See Section 39/D(1) of the Ombudsman Act
48 See Section 39/D(3) of the Ombudsman Act
49 See Section 39/D(3) of the Ombudsman Act
50 „Guidelines on national preventive mechanisms”, CAT/OP/12/5, Clause 32
51 „Guidelines on national preventive mechanisms”, CAT/OP/12/5, Clause 16
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47
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