8.3. The facts of the case and the findings
danger thereof.129 Among the findings, I also pointed out those facts and circumstances that, at certain places of detention, resulted in the staff ’s delayed
compliance or failure to comply with their obligation to cooperate, stipulated
in Section 25, Subsection (1) of the Ombudsman Act.
In my report on the inspection of the Central Holding Facility of the
Budapest Metropolitan Police Headquarters, in addition to mentioning
that the delegation could begin the visit only after a 30-minute delay, I also
reminded the Chief of the National Police Headquarters of the fact that in
2014, when preparing for the performance of the tasks of the National Preventive Mechanism, I had warned him that the police organs concerned
would be notified of the inspection only on the spot, upon starting.130
I pointed out that my colleagues authorized to perform the tasks of the
NPM attest to their entitlement to proceed when starting the inspection, on
the one hand through presenting their Office ID Cards and, on the other
hand, handing over a letter of authorization signed by me. Upon receiving my letter, the Chief of the National Police Headquarters issued Order
42/2014. (XII. 18.) ORFK regulating the police chiefs’ obligations in connection with the inspections conducted in the frameworks of performing the
tasks of the National Preventive Mechanism.131
In my report on the visit to the Cseppkõ Children’s Home, in addition to
describing how the staff members of the institution prevented the members
of the visiting delegation from interviewing the children, I also explained in
details why holding those interviews was necessary.132
Among the report’s findings, it has to be explained if the uncovered,
fundamental-right-related impropriety is the result of the incorrect interpretation of the law, or it derives from an unnecessary, unclear or inadequate legal regulation or the absence or deficiency of the given issue’s
legal regulation.133
By virtue of Article 16 of the UN Convention, the State has to “undertake
to prevent in any territory under its jurisdiction other acts of cruel, inhuman or
degrading treatment or punishment which do not amount to torture as defined
129
129
130
131
132
133
See Section 33, Subsection (1) of Normative Instruction 3/2015. (XI. 30.) AJB of the Commissioner for Fundamental Rights on the professional rules and methods of his/her
inquiries.
See Report AJB-151/2016.
See Clauses 10/A–10/D, effective as of January 01, 2015, of Order 29/2013. (VII. 5.) ORFK on
the proceedings related to inspections conducted by the Commissioner for Fundamental
Rights and his Deputies and the National Authority for Data Protection and Freedom of
Information.
See Report AJB-1603/2016.
See also Article 11 of the international convention against torture and other cruel, inhuman
or degrading treatment or punishment, promulgated by Law-decree 3 of 1988.
55
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents