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14. Summary
My task as NPM is to regularly examine the treatment of the persons deprived of their liberty in places
of detention as defined in article 4 of the OPCAT, with a view to strengthening, if necessary, their
protection against torture and other cruel, inhuman or degrading treatment or punishment. 228 The
ultimate objective of the NPM’s visits is to persuade the authorities and institutions concerned to
improve the system of functioning safeguards to prevent all forms of ill-treatment.
The specific rules of performing this task are stipulated in Chapter III/A of the Ombudsman Act. The
legal environment is suitable for the performance of my tasks.
In performing the tasks of the NPM, I may proceed personally or through authorized public servant
members of my Office. In 2017, my Office had to face two major challenges while performing the
tasks of the NPM. On the one hand, due to the lack of applicants, I could not fill the two physician
positions stipulated in Section 39/D(4) of the Ombudsman Act. I employed the physicians
participating in the visits on the basis of civil law contracts. On the other hand, staff turnover was
rather high among the lawyers participating in the performance of tasks related to the NPM. Two of
the six lawyers working in the Department on January 1, 2017, left during the year. These vacancies
were filled via a public call for applications, in accordance with the Ombudsman Act’s provisions on
gender composition.229 The Department’s staff comprised eight public servants on the average.
Visits were carried out by visiting delegations consisting of four to eight members. When setting up the
visiting delegations, in addition to the gender balance, I tried to ensure the groups’ multidisciplinarity
and include experts in the field of protecting the rights of national, ethnic minorities.
Although I have to perform the tasks of the NPM independently, I received valuable support from the
members of the CCB, consisting of organizations registered and operating in Hungary, with
outstanding practical and/or high-level theoretical knowledge relative to the treatment of persons
deprived of their liberty. I have re-established this body set up in 2014 for three years.
Using the data received from the competent governmental organs, my colleagues updated, as of
December 31, 2016, the list of places of detention as defined in Article 4 of the OPCAT, originally
compiled in the middle of November 2014. Based on the data at my disposal, on December 31, 2016,
there were some 4,000 places of detention under Hungarian jurisdiction with a total capacity of
about 123 thousand detainees.
During the third year of the NPM, I inspected a total of 1,772 detention units at eight places of
detention. The average utilization rate of these places of detention stood at 94.3%. Our visiting
delegations found the highest utilization rates (over 163%) at Unit I of the Budapest Remand Prison
and the Szabolcs-Szatmár-Bereg County Remand Prison.
Although there had been no prior notifications, the visiting delegations were given access to almost all
the places of detention without delay. The visiting delegation’s objective was to meet, if possible, all
persons deprived of their liberty present at the given place of detention at the time of the visit. The
visiting delegations inspected the premises of the places of detention, their furnishing and equipment,
documents related to the number, treatment, and conditions of placement of the detainees, made
photocopies of some of the documents, reviewed the engagement of the persons deprived of their
liberty and conducted interviews with the detainees and the staff members as well. The staff members
of the places of detention, with one exception, complied with their obligation to cooperate in
performing the tasks of the NPM.
228
229
See Section 39/B(1) of the Ombudsman Act
See Clause 16 of the „Guidelines on national preventive mechanisms”, CAT/OP/12/5
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