1.3. Preventive activities of the Commissioner for Fundamental Rights
fundamental rights, I have to examine whether the authority concerned
has taken proper care of the conditions required for the enforcement of
fundamental rights. If the authority concerned fails to comply or incompletely complies with its obligations, I may, referring to the danger of
infringement, initiate measures required for the enforcement of the fundamental right in question.33
Prevention is especially important in terms of “prevention of torture and
other cruel, inhuman or degrading treatment or punishment.” According to the
Subcommittee on Prevention of Torture, prevention extends to any type
of treatment of any individual deprived of liberty that, without checks,
may lead to torture or any other cruel, inhuman or degrading treatment
or punishment.34 The Commissioner for Fundamental Rights, both in his
general activities aimed at protecting fundamental rights and performing
his tasks as National Preventive Mechanism, is entitled to inquire into the
practical implementation of international instruments constituting part of
the domestic law. Furthermore, I may make proposals for the amendment
or making of legal rules affecting fundamental rights and/or recommend to
give consent to be bound by an international treaty.35
Since complying with obligations undertaken in international instruments is the states’ responsibility, the OPCAT compels its States Parties
to provide the statutory conditions required for the efficient operation of
National Preventive Mechanisms. In Hungary, the authorizations required
for the National Preventive Mechanism’s operation,36 the material and procedural legal regulations required for its efficient operation37 are provided in
the Ombudsman Act.
1.4.
Costs of performing the NPM’s tasks in 2016
The administration and preparation related to my tasks are performed by
the Office of the Commissioner for Fundamental Rights (hereinafter the
“Office”).38 Costs related to the performance of the NPM’s tasks are covered
by my Office. In the central budget, laid down in the act of the Parliament,
the budget of the Office is a separate chapter.39
33
34
35
36
37
38
39
See Sections 31 through 38 of the Ombudsman Act.
See: Report on the Visit of the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment to the Maldives (26 February 2009), Clause 4.
See Section 2, Subsection (2) of the Ombudsman Act.
See Article 19 of the OPCAT.
See Articles 3–4, 17–18, 20–23 of the OPCAT.
See Section 41, Subsection (1) of the Ombudsman Act.
See Section 41, Subsection (4) of the Ombudsman Act.
17
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