39 7. The report of the NPM The NPM makes reports on the visits he has conducted; “it shall contain the uncovered facts and the findings and conclusions based on those facts.”111 In addition to indicating the location, the cover of the reports also states that I have published it not under my general activities aimed at protecting fundamental rights, but in performing my tasks related to the NPM. 7.1. Preparation of the report Pursuant to Article 21.2 of the OPCAT, “confidential information collected by the national preventive mechanism shall be privileged.” The Commissioner for Fundamental Rights, in the course of his proceedings, may process – to the extent necessary for those proceedings – all those personal data and data qualifying as secrets protected by an Act or as secrets restricted to the exercise of a profession which are related to the inquiry or the processing of which is necessary for the successful conduct of the proceedings.112 The members of the visiting delegations forward their partial reports, summarizing their observations, the results of the measurements they have taken and the interviews they have conducted, the pictures taken on location, and the documents obtained in the course of the visit to the head of the visiting delegation; the external experts also submit their opinions. Neither the partial reports nor the expert opinions contain any data suitable for personal identification. As the documents and material evidence obtained in the course of the proceedings of the Commissioner for Fundamental Rights are not public,113 third persons may not have access, either prior to or following the proceedings, to notes taken and the documents obtained during the preparation or the conduct of the visit. 7.2. Introduction This part of the report gives a short introduction of the competence of the NPM, the reasons for and the circumstances of selecting the location, as well as the criteria based on which, pursuant to Article 4.2 of the OPCAT, persons are deprived of their liberty there. It contains the date of the visit, the names and qualifications of the members of the visiting delegation, the positions of my colleagues who are public servants, and the method of the inspection. Since the preventive monitoring visits of the NPM also cover the practice-oriented review of the relevant legal regulations, the introduction also specifies the applied domestic and international sources of law, as well as the list of fundamental rights touched upon by the report. 7.3. Prohibition of sanctions In my report, I call attention to the fact that “no authority or official shall order, apply, permit or tolerate any sanction against any person or organization for having communicated to the national preventive mechanism any information, whether true or false, and no such person or organization shall be otherwise prejudiced in any way.”114 7.4. The facts and findings of the case From the aspects of performing the tasks related to the NPM, the detailed description of the treatment and conditions observed is of major importance. See Section 28(1) of the Ombudsman Act See Section 27(1) of the Ombudsman Act 113 See Section 27(3) of the Ombudsman Act 114 Article 21.1 of the OPCAT 111 112