5.2. The conduct of the inspections
of the Children’s Home in the frameworks of another, unscheduled and
unannounced visit. One of the children claimed that, as far as he could
remember, during the previous visit they had had to leave the premises
because of a bomb threat. According to the interviewed children, many
of them had not even seen the space exhibition, they had spent the time
on a playground.73
The members of the visiting delegation made written records of the
interviews conducted with both the personnel of the place of detention
and the persons deprived of their liberty. All the interviewees, should they
be detainees, staff members or visitors, were informed that “no one shall suffer any disadvantage for providing information” to the NPM.74
5.2.4. Document inspection
Pursuant to Section 39/B, Subsection (3), Paragraph b) of the Ombudsman Act, the NPM “may inspect without any restriction all documents concerning the number and geographical location of places of detention, the number
of persons deprived of their liberty who are held there, on the treatment of these
persons and on the conditions of their detention, and make extracts from or copies of these documents.”
At the beginning of the visit, the head of the visiting delegation hands
over the list of those documents that either he/she or any member of the delegation would like to inspect or request a copy thereof. Should the need arise
during the visit to inspect further documents and make copies or extract
thereof, the members of the visiting delegation shall notify the competent
staff member of the place of detention of their request.
In the absence of prior notice, the staff of the places of detention cannot
prepare for the visit; it is not unusual that they cannot immediately present
some of the requested documents, or they cannot have the requested documentation copied by the end of the inspection. Should it be the case, they
have to present the missing documents to the NPM within the deadline, not
shorter than fifteen days, set by the head of the visiting delegation.75
73
74
75
75
See Report AJB-1603/2016.
See Section 39/E of the Ombudsman Act.
Pursuant to Section 21, Subsection (1), Paragraph a) of the Ombudsman Act, “in the course of
his or her inquiries the Commissioner for Fundamental Rights may request data and information from
the authority subject to inquiry on the proceedings it has conducted or failed to conduct, and may request
copies of the relevant documents.”
In accordance with Section 21, Subsection (2) of the Ombudsman Act, “the request of the
Commissioner for Fundamental Rights pursuant to points a) and b) of subsection (1) shall be
complied with within the time-limit set by the Commissioner. The time-limit may not be shorter
than 15 days.”
37
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