19
2.
Staff members participating
in performing the tasks of the NPM
2.1.
Public servants of the Office of the Commissioner
for Fundamental Rights
Pursuant to Article 18, Paragraph (2) of the OPCAT, the States Parties “shall take
the necessary measures to ensure that the experts of the national preventive mechanism
have the required capabilities and professional knowledge. They shall strive for a gender
balance and the adequate representation of ethnic and minority groups in the country.”
In performing the tasks of the NPM, I may proceed personally or through
authorized members of my Office’s staff members. Authorized staff members
of my Office are also entitled to the NPM’s investigative powers40, and, by
virtue of Section 25 of the Ombudsman Act, the authorities concerned and
their management and staff are obliged to cooperate with them, as well.41
In order to perform the NPM’s tasks, from among the staff of the Office,
I have to authorize–on a permanent basis–at least eleven persons. The “authorized public servant staff members shall be experts with a graduate degree and have
an outstanding knowledge in the field of the treatment of persons deprived of their
liberty or have at least five years of professional experience.” Among them, “there
shall be at least one person who has been proposed by the Deputy Commissioner for
Fundamental Rights responsible for the protection of the rights of nationalities living
in Hungary, and at least two persons each with a degree in law, medicine and psychology respectively. Among the authorized public servant staff members, the number
of the representatives of either sex may exceed that of the other by one at the most.”42
Staff members of my Office authorized to perform the tasks of the NPM
on a permanent basis43 conduct their activities within a separate organizational unit, the OPCAT NPM Department (hereinafter the “Department”).44
40
41
42
43
44
See Sections 21, 22, 26 and Section 27, Subsections (1) and (2) of the Ombudsman Act.
See Section 39/D, Subsection (1) of the Ombudsman Act.
See Section 39/D, Subsection (3) of the Ombudsman Act.
See Section 39/D, Subsection (3) of the Ombudsman Act.
“Guidelines on national preventive mechanism,” CAT/OP/12/5, Clause 32.
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