58
8. Reports of the NPM
In addition to preventing torture and other cruel, inhuman or degrading treatment or punishment, the NPM’s recommendations are also aimed
at improving the treatment and the conditions of placement of persons
deprived of their liberty. Through the measures described in my reports on
NPM visits, in addition to preventing torture and other cruel, inhuman or
degrading treatment or punishment, I also tried to facilitate the elimination
of improprieties related to other fundamental rights of persons deprived of
their liberty and the conditions and ways of treatment leading to them.
The reports have to be clear as to what fundamental-rights-related impropriety or what circumstance threatening the enforcement of the fundamental rights affected the given measure is aimed at.146 These measures have to
be formulated in a way making it possible to distinguish a measure with
several addressees from several measures with the same addressee.147
In connection with my relevant reports, the Director-General of the
General Directorate of Social Affairs and Child Protection, operator of the
inspected children’s homes, voiced his concern that I had drawn conclusions
and made recommendations merely based on the statement or allegation of
one staff member or one resident of the inspected institution. According to
the Director General, it is inappropriate to draw conclusions on the general
practices of an institution based on the mere suspicion of infringement, it is
necessary to examine the correlation between the circumstances, proceedings, and actions. He complained that, instead of inquiring into the truthfulness of the interviewed children’s allegations or into the phenomena giving
cause for concern, my colleagues took them as facts and used them as the
basis for recommendations.148
Addressing his concerns, I informed the Director General that the NPM’s
primary task is not fact-finding, but preventing ill-treatment. My reports
treated the allegations made by a single person not as facts, but as information giving cause for concern – I recommended the conduct of an internal
investigation in order to clarify the situation. I initiated remedying the situation causing a fundamental-rights-related anomaly on the basis of pieces of
information coming from at least two persons and confirming and strengthening each other.149
146
147
148
149
See Section 34, Subsection (2) 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 Section 34, Subsection (4) of Normative Instruction 3/2015. (XI. 30.) AJB of the Commissioner for Fundamental Rights on the professional rules and methods of his/her inquiries.
The letter of the Director General of the GDSACP, sent on July 14, 2016, under reference
number SZGYF-IKT-6751-3/2016, may be found in the archives of my Office under file number AJB-3341-44/2016.
My reply of August 25, 2016, may be found under file number AJB-3341-48/2016 in the
archives of my Office.
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