36
5. Visits conducted by the NPM
may interview, in addition to the head of the institution, any member of
the institution’s personnel, as well as any other person present there at
the time of the visit.
Under Section 39/B, Subsection (4) of the Ombudsman Act, in the hearing
of a person deprived of his/her liberty, “apart from the person who is given a
hearing, no other person may participate, unless the Commissioner for Fundamental
Rights authorized his/her participation.”
Unlike the head and the staff members of the given place of detention,
persons deprived of their liberty are not compelled to cooperate with the
visiting delegation. The visiting delegation’s objective is to meet, if possible,
all persons deprived of their liberty present at the given place of detention
at the time of the visit.
Members of the visiting delegations tried to hold confidential, tête-àtête interviews, but they had group hearings as well. In the case of those
persons deprived of their liberty, who, due to their age, state of health or
any other circumstance, were not able or willing to speak about their experiences as regards their detention, the visiting delegation inspected the
conditions of their placement.
My colleagues authorized to perform the tasks of the NPM visited
the Cseppkõ (Dripstone) Children’s Home in Budapest on March 1–2,
2016. On the first day of the visit, planned for two days, the director
complained that the Ombudsman’s earlier reports on the Home had
contained conclusions as a result of which public perception of the
institution had worsened.71 On the second day of the visit, the educa
tor on duty took the children to an off-site playing ground irrespective
of being notified earlier that one of the visiting delegation’s members
would soon like to see the children in order to interview them. During
the day, the educators took most of the children returning from school
on off-site programs. Those few children who had returned to the Home
from school had to go to the space exhibition in the Millenáris Cultural
Center. The staff of the Children’s Home, referring to the space exhibition, prevented the children from being interviewed. According to one
of the children, a staff member told them that the Ombudsman was
visiting the Home because he wanted to have the children transferred
to another institution. Several children claimed, each independently
but unanimously, that they had no prior knowledge that the visit to the
space exhibition would be mandatory.72
In response to the lack of cooperation on the personnel’s side, on April
26, 2016, the members of the visiting delegation interviewed the residents
71
72
See reports AJB-316/2011, AJB-457/2011. and AJB-3540/2011.
See Report AJB-1603/2016.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents