8.3. The facts of the case and the findings
I deem it extremely important that reports should be concise and to the
point. To pay “full respect” for the rights of persons deprived of their liberty,
I strive to pay detailed attention to those aspects of their treatment and
placement which could lead to improprieties related to the fundamental rights
of persons deprived of their liberty or the danger thereof.
8.4.
Measures taken by the NPM
Pursuant to Article 19, Paragraph (b) of the OPCAT, the National Preventive
Mechanism 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 has to list the measures necessary for remedying
fundamental-rights-related anomalies in treatment and placement, uncovered in the course of the visits, or eliminating circumstances threatening
the enforcement of fundamental rights.140 In the case of each measure, it
has to be indicated which provision of the Ombudsman Act stipulates the
given measure.141
The NPM can fulfill his/her task to regularly examine the treatment
of the persons deprived of their liberty, with a view to strengthening,
if necessary, their protection against torture and other cruel, inhuman
or degrading treatment or punishment142 only if he/she has immediate
access to places of detention and has the possibility to interview persons possessing information regarding treatment and placement. In my
reports on visits where the visiting delegation could enter the place of
detention only with a delay,143 or where the staff tried to prevent it from
interviewing the persons deprived of their liberty,144 I made recommendations to the heads of the institutions concerned aimed at preventing
such incidents from recurring.145
140
140
141
142
143
144
145
See Section 34, Subsection (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.
See Section 34, Subsection (3) of Normative Instruction 3/2015. (XI. 30.) AJB of the Commissioner for Fundamental Rights on the professional rules and methods of his/her
inquiries.
See Article 19, Paragraph a) of the OPCAT.
See Report AJB-151/2016.
See Report AJB-1603/2016.
See Section 31, Subsection (1) of the Ombudsman Act.
57
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