41
I deem it important that the reports should be concise and to the point. To ensure “full respect” for the
human rights of persons deprived of their liberty, I try to elaborate on those aspects of their treatment
and placement which may result in a fundamental-rights-related impropriety or the threat thereof.
7.5. Measures taken by the NPM
Pursuant to Article 19(b) of the OPCAT, the national preventive mechanisms shall be granted the
power to make recommendations to the “relevant authorities with the aim of improving the treatment and the
conditions of the persons deprived of their liberty and to prevent torture and other cruel, inhuman or degrading treatment or
punishment, taking into consideration the relevant norms of the United Nations.”
This part of the report shall detail those measures that are necessary for remedying fundamental-rightsrelated improprieties related to the treatment and placement of the detainees, as well as for eliminating
circumstances threatening the enforcement of fundamental rights.123 In every case, the provision of the
Ombudsman Act giving grounds to a particular measure has to be indicated.124
In addition to preventing torture and other cruel, inhuman or degrading treatment or punishment, the
NPM’s recommendations are also aimed at improving the treatment and the conditions of placement
of persons deprived of their liberty. Through the measures specified in my reports on the NPM’s visits,
I try not only to prevent torture and other cruel, inhuman or degrading treatment or punishment, but
also to prevent and eliminate improprieties related to other fundamental rights of persons deprived of
their liberty, as well as treatments and circumstances potentially resulting in the threat thereof.
The report must clearly indicate the fundamental-rights-related impropriety or the circumstance
threatening the enforcement of a fundamental right to which the given measure is related. 125 The
measures with different addressees and the different measures to the same addressee must be clearly
separated.126
7.5.1. Initiative
If the authority subject to inquiry is able to terminate the impropriety related to fundamental rights
within its competence, I may initiate its redress by the head of the authority subject to inquiry. Such an
initiative may be made directly by phone, orally or by e-mail. In such cases, the date, method, and
substance of the initiative shall be recorded in the case file. Within thirty days of receipt of the initiative,
the authority subject to inquiry shall inform me of its position on the merits of the initiative and on the
measures taken.127 If the authority subject to inquiry does not agree with the initiative, it shall, within
thirty days of receipt of the initiative, submit the initiative to its supervisory organ together with its
opinion thereon. Within thirty days of receipt of the submission, the supervisory organ shall inform me
of its position and on the measures taken.128 Almost all addressees of the initiatives formulated in my
reports on the NPM’s visits in 2017 responded within the period specified by the law.
See Section 34(1) of Normative Instruction 3/2015.
rules and methods of his/her inquiries
124 See Section 34(3) of Normative Instruction 3/2015.
rules and methods of his/her inquiries
125 See Section 34(2) of Normative Instruction 3/2015.
rules and methods of his/her inquiries
126 See Section 34(4) of Normative Instruction 3/2015.
rules and methods of his/her inquiries
127 See Section 32(1)-(2) of the Ombudsman Act
128 See Section 32(3) of the Ombudsman Act
123
(XI. 30.) AJB of the Commissioner for Fundamental Rights on the professional
(XI. 30.) AJB of the Commissioner for Fundamental Rights on the professional
(XI. 30.) AJB of the Commissioner for Fundamental Rights on the professional
(XI. 30.) AJB of the Commissioner for Fundamental Rights on the professional
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