40 The facts of the case include the place of detention’s basic data, as well as the detailed description of the observations, interviews, and documents obtained, on which the NPM bases his findings and measures.115 The head of the visiting delegation drafts the report using the partial reports prepared by the members of the visiting delegation and the opinions of the external experts. Applying the method of triangulation, i.e., cross-checking information (allegations), provided by various persons, as well as documents, facilitates objectivity.116 The findings of the report shall include those aspects of placement conditions and treatment which may lead to an impropriety related to a fundamental right or the threat thereof. 117 Under findings, I also present those facts and circumstances that indicate that the staff members of certain places of detention have failed to comply or complied belatedly with their obligation to cooperate, stipulated in Section 25(1) of the Ombudsman Act. Under findings, I also have to elaborate whether the fundamental-rightsrelated impropriety, uncovered during the visit, is the result of the wrong interpretations of the law, a redundant, unclear, or inadequate provision of a legal act, or the absence or the deficiency of the given issue’s legal regulation.118 Pursuant to Article 11 of the UN Convention against Torture, “each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in Article 1, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.” The UN Convention against Torture does not give a definition of the “other acts” of ill-treatment which do not amount to torture as defined in Article 1. The prohibition of “other acts” when performing my tasks related to the National Preventive Mechanism compels me to raise my voice against various types of treatment that fall outside the concept of torture but cause suffering to the persons deprived of their liberty. My experience shows that, in the case of detainees, enduring not only treatment and/or placement conditions violating the prohibition of torture and other cruel, inhuman or degrading treatment or punishment but also treatment and/or placement conditions resulting in an impropriety related to fundamental rights may cause serious physical or psychological ordeal. Since the “full respect for the human rights of persons deprived of their liberty” is a common responsibility shared by all,119 in my reports published within my activities as NPM, in addition to preventing torture and other cruel, inhuman or degrading treatment or punishment, I also consider myself tasked with establishing and preventing other fundamental-rights-related improprieties and the threat thereof.120 When establishing a fundamental-rights-related impropriety or the threat thereof, in my argument I refer, in particular, to the interpretation of the law by the Constitutional Court, the European Court of Human Rights, the CPT, the Committee on the Rights of Persons with Disabilities, 121 as well as the other organs of the UN and the Council of Europe. In addition to critical remarks regarding placement and treatment, positive practices observed during the visit are also to be commented on and evaluated in this part of the report.122 See Section 32(1) of Normative Instruction 3/2015. (XI. 30.) AJB of the Commissioner for Fundamental Rights on the professional rules and methods of his/her inquiries 116 See Clause 26 of the SPT’s Analytical assessment tool for national preventive mechanisms, (CAT/OP/1/Rev. 1). 117 See Section 33(1) of Normative Instruction 3/2015. (XI. 30.) AJB of the Commissioner for Fundamental Rights on the professional rules and methods of his/her inquiries 118 See also Article 11 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, promulgated by Law-decree 3 of 1988 119 See the Preamble of the OPCAT 120 See Article 30(1) of the Fundamental Law 121 See Article 34 of the United Nations Convention on the Rights of Persons with Disabilities, promulgated by Act XCII of 2007 122 See Clause 30 of the SPT’s Analytical assessment tool for national preventive mechanisms, (CAT/OP/1/Rev. 1). 115