5.2. The conduct of the inspections
Police Headquarters: my colleagues could start the inspection only 30 minutes after presenting their letter of authorization and their Office ID Cards.
The delay was caused by the failure of the Holding Facility’s personnel to
identify, being unaware of the relevant provisions of the OPCAT, the powers, and competences of the visiting delegation arriving at the Facility in
the late-night hours. My colleagues had to wait in the foreground of the
premises until the issue got resolved.67
5.2.2. Inspecting a place of detention
According to Section 39/B, Subsection (3) of the Ombudsman Act, the NPM
“may enter without any restriction the places of detention and other premises of the
authority under inquiry.”
In 2016, visits by the NPM were conducted in accordance with the professional rules and methods specified in Order 3/2015. (XI. 30.) AJB.68
In the course of the visits, my colleagues 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, and also reviewed the engagement
of the persons deprived of their liberty. In order to prevent the ill-treatment
of persons deprived of their liberty, members of the visiting delegation also
inspected those facilities that were vacant at the time of the visit.69
My colleagues made snapshots of the inspected facilities, and in the
course of the inspection also checked the size and temperature of the rooms
designated for the placement of persons deprived of their liberty.
5.2.3. Interviews
By virtue of Section 39/B, Subsection (3), Paragraph c) of the Ombudsman
Act, the NPM “may hear any person present on the site, including the personnel of
the authority under inspection and any person deprived of his or her liberty.”
In accordance with Article 20, Paragraph e) of the OPCAT, NPMs have
the liberty to choose “the persons they want to interview.” The management,
the personnel of the place of detention and their supervisors have to
cooperate with the visiting delegation and its members.70 Based on the
questionnaires compiled in advance, members of the visiting delegation
67
68
69
70
See Report AJB-151/2016.
The special professional rules and methods related to performing the tasks of the NPM are
stipulated in Chapter X of Order 3/2015. (XI. 30.) AJB.
See SPT: Analytical assessment tool for national preventive mechanisms, (CAT/OP/1/Rev.1) Clause 25.
See Section 25, Subsection (1) and Section 39/D, Subsection (1) of the Ombudsman Act.
35
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