CAT/OP/HUN/R.2 17. In this connection the Subcommittee urges the NPM in close cooperation with the State party to review the legal framework in which the mechanism operates and bring it into full conformity with all relevant international norms and guidelines with a view to solve existing or potential issues that may hinder the NPM to carry out its mandate effectively. The practical needs and the operability of the mechanism have also to be also taken into account. Therefore, the Subcommittee recommends the NPM be enabled by means of legislation to exercise effectively its core functions as stipulated by the Optional Protocol. 18. In this connection the SPT recommends the NPM to carry out a mapping exercise to assess the range of activities it ought to undertake in accordance with the OPCAT, 10 Paris Principles, NPM Guidelines, SPT Assessment Tool and compare it against current structure and activities of the NPM. 19. The Subcommittee further recommends the NPM to carry out internal review of the existing legal acts stipulating the functioning of the mechanism in order to have full overview of all aspects that need to be revised to enable it to carry out its mandate effectively. The NPM has to be involved in the drafting of the amendments in close cooperation with the Ministry of Justice. Furthermore, the NPM, together with the authorities, has to work proactively on the possible solutions to increase the efficiency and independence of the Mechanism. Human and financial resources 20. According to the provisions of the Act CXLIII of 2011, the tasks related to the NPM shall be performed by at least eleven staff members of the Office of the Commissioner for Fundamental Rights.11 During the SPT visit the NPM was composed of 9 staff members: two medical positions were vacant. 21. The Subcommittee is concerned that only 9 staff members perform tasks related to the mechanism’s mandate that affects the ability of the mechanism to fully execute its mandate under the Optional Protocol. An effective system of regular visits to all the places of deprivation of liberty in the State party cannot function properly with limited number of staff and vacant medical positions. Moreover, the mechanism should have full operational autonomy with regard to hiring its staff, including medical, which is not currently the case. As explained by the NPM, there were legal caveats hindering the recruitment of medical personnel since reportedly all the NPM members had to be civil servants, whereas in Hungary doctors could not be civil servants. 22. The Subcommittee is further concerned that a lack of financial resources presents a major obstacle to the effective and efficient functioning of the national preventive mechanism. The designation of the Office of the Commissioner for Fundamental Rights as the national preventive mechanism of Hungary has not been followed by the allocation of sufficient resources necessary to allow the Office to undertake this additional role. The Subcommittee is further concerned that the failure to allocate necessary resources seems to be due to the fact that the government authorities do not consider that the mechanism needs additional support to carry out its mandate effectively. This is a misconception that the mechanism needs to address urgently. 23. The Subcommittee reminds the mechanism that the evaluation of its financial needs must take into account all its mandated activities under the Optional Protocol, including the provision of interpretation, when necessary, in order to communicate with detained migrants. 24. Recalling that OPCAT article 18 (3) obliges States parties to provide NPMs with the necessary resources to undertake their work, the SPT reiterates that the NPM shall be provided with a budget sufficient for accomplishing all mandated tasks, in addition to granting the NPM the institutional autonomy to use its resources. This funding should be provided through a separate line in the national annual budget referring specifically to the NPM 10 11 12 12 and not through the general budget of the Office of the Analytical assessment tool for national preventive mechanisms (CAT/OP/1/Rev.1). Chapter III/A, enacted by Section 9 of Act CXLIII of 2011, effective as of 1 January 2015. See Compilation of advice provided to NPMs, (CAT/OP/C/57/4), Part III. 5