25
She pointed out that the NPM had not received yet the report on the visit of the Subcommittee on
Prevention. Subject to the report’s content, the NPM intends to turn to the Government in connection
with the amendment of certain provisions of the Ombudsman Act. Since, due to the application of
methods used not only by lawyers but also by experts in other fields, the NPM may conduct more
extensive inspections; there are different opinions on the correlation between general fundamentalrights-protection activities and the NPM within the Office. Should the Ombudsman take charge of the
tasks of the independent mechanism stipulated in Article 33.2 of to the CRPD, these disputes could
also be resolved.
She informed the participants about the lawsuit that had resulted from the report on the NPM’s visit to
the Cseppkő Children’s Home and promised to keep the body up-to-date as regards the developments.
The SPT expects the NPM to conduct, assess, and substantiate interviews with as many detainees as
possible during the visits. The objective of the NPM’s investigations is to prevent ill-treatment, not to
uncover circumstances conducive to holding certain persons responsible or to conduct evidentiary
proceedings. However, the NPM may not make false statements.
The Head of the Department reminded the participants that, pursuant to the OPCAT’s Preamble, the
experiences of the NPM should be disseminated. The colleagues participating in performing tasks
related to the NPM publish the issues and topics that cannot be processed within the reports’
frameworks in various professional periodicals and studies. He called the participants’ attention to a
study on the self-determination of persons with no full legal capacity, published by one of his
colleagues in the periodical of the Hungarian Association of Lawyers. 80 The Department’s staff
members teach at various institutions, deliver lectures, and many of them possess scientific degrees.
The NPM’s reports often cite the relevant international standards and the CPT’s recommendations as
well. Allegation, i.e., the oral statement of a fact is the basis of monitoring. The NPM tries to confirm
the information it is given from several sources, through gathering data and documents, obtaining
video recordings. As a result, allegations made during the interviews can be confirmed as facts with a
high probability – all this in a way ensuring that no one should suffer prejudice.
According to the representative of the Hungarian Helsinki Committee, the comprehensive annual
report by the Commissioner for Fundamental Rights on the activities of the NPM in 2016 duly
reflected the Helsinki Committee’s role. In connection with the concept of allegation, she pointed out
that they have come across a case when the experience of probably a single detainee would be
presented in the Ombudsman’s report as a reasoned assumption by the visiting delegation. In the
report on the NPM’s visit to the Somogy County Remand Prison, 81 there was a statement that the
follow-up visit conducted by the Helsinki Committee could not confirm. In her view, the institutions
concerned should be given an opportunity of some form to reflect on the draft report prior to its
publishing. The Helsinki Committee provides the institution concerned with an opportunity to
respond; its response is also published. She wondered if the NPM deemed it feasible.
The Deputy Head of the Department explained that the organs inspected by the NPM do not have to
agree with the conclusions of the NPM. The visiting delegations proceed with extreme caution as far as
the detainees’ allegations and the conclusions based thereon are concerned. The NPM evaluates the
facts and conditions uncovered by the members of the visiting delegations. It is within the discretion of
the head of the visiting delegation to determine which of them may or may not be deemed convincing.
Submitting the draft report to the institution concerned for preliminary review is a concept completely
strange to the reporting activities of the Commissioner for Fundamental Rights; the SPT has no such
practice, either. The institutions concerned have the right, ensured by the Ombudsman Act, to respond
in writing to the reports and recommendations of the NPM.
Izsó, Krisztina (2017): A nem teljes cselekvőképességgel rendelkező személyek önrendelkezéséről [On the self-determination of persons with no
full legal capacity] Magyar Jog (Volume 64), № 9, pp. 553-558
81 Report № AJB-3865/2016
80
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