34
5. Visits conducted by the NPM
vants with a law degree. When it was necessary, lawyers possessing the
required professional knowledge, working in other organizational units
of my Office also participated in the visits in order to ensure the effective
conduct of the inspection. In 2016, in addition to lawyers, experts with
degrees in medicine, psychology, education and nutritional science also
participated in the NPM’s inspections.
5.2.
The conduct of the inspections
5.2.1. Access to places of detention, certification of procedural right
Pursuant to Article 20, Paragraphs b) and c) of the OPCAT, in order to enable
the NPMs to fulfil their mandate, the States Parties have to grant them access
to all places of detention and their installations and facilities, and to all information referring to the treatment of persons deprived of their liberty, as well
as their conditions of detention.
As Commissioner for Fundamental Rights, I may proceed within the
NPM’s competence without any restrictions. Pursuant to Section 39/D, Subsection (1) of the Ombudsman Act, when I perform the tasks of NPM not in
person, but by way of my authorized colleagues, they are also entitled to the
rights specified in Section 21 of the Ombudsman Act.
My public servant staff members entitled to proceed within the
frameworks of my general activities aimed at the protection of fundamental rights, including those participating in performing the tasks
of the NPM, possess an Office Identity Card, showing the inscription
“Office of the Commissioner for Fundamental Rights,” their serial number, photo, name and official position. Upon arriving at the place of
detention, members of the delegation introduce themselves, present the
purpose of their visit, their Office ID Cards, and hand over a letter of
authorization, signed by me, certifying that they are entitled to perform
the tasks of the NPM.
The letter of authorization also contains the names of external experts
participating in the inspection of the given place of detention and their
authorization to proceed.
In 2016, all visits were carried out without prior notification. The dates
and times of the visits were usually in compliance with the Office’s working order. Visits to certain places of detention, holding extremely vulnerable detainees, were adjusted to the peculiarities of the given institution.
The visiting delegations were able to enter most places of detention
without delay. The only exception was the Holding Facility of the National
Bureau of Investigation of the Emergency Response Team of the National
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents