42
7.5.2. Recommendation
If, on the basis of an inquiry conducted, the NPM comes to the conclusion that the impropriety in
relation to a fundamental right does exist, in order to redress it he may – by simultaneously informing
the authority subject to inquiry – address a recommendation to the supervisory organ of the authority
subject to inquiry. Within thirty days of receipt of the recommendation, the supervisory organ shall
inform me of its position on the merits of the recommendation and on the measures taken. 129 If the
authority subject to inquiry has no supervisory organ, I shall address the recommendation to the
authority subject to inquiry. 130 The addressees of the recommendations made in my reports on the
NPM’s visits in 2017 responded on the substance within the period specified by the law.
7.5.3. Initiation of proceedings by the prosecution
In order to redress an impropriety related to a fundamental right, I may initiate proceedings by the
competent prosecutor through the Prosecutor General. Within sixty days, the competent prosecutor
shall inform me of his or her position on the initiation of proceedings and his or her measure, if any. 131
In 2017, I exercised this power in my report on the visit to the Forensic Psychiatric and Mental
Institution.
7.5.4. Reporting to the National Authority for Data Protection and Freedom of Information
If, in the course of my inquiry, I notice an impropriety related to the protection of personal data, to the
right of access to data of public interest, or to data public on grounds of public interest, I may report it
to the National Authority for Data Protection and Freedom of Information. I did not exercise this
power in 2017.
7.5.5. Legislative initiative
If, in the interest of eliminating ill-treatment or the threat thereof, I suggest to modify, repeal a legal
rule or issue a new one, the requested organ shall inform me of its position and of any measure taken
within sixty days.132
See Section 31(1) of the Ombudsman Act
See Section 31(4) of the Ombudsman Act
131 See Section 33(1) of the Ombudsman Act
132 See Section 37 of the Ombudsman Act
129
130
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