CAT/OP/HUN/2/add.1
31.
In accordance with Article 23 of the OPCAT and the recommendation made in Clause
40 of the Subcommittee’s report, it is a constitutional obligation of the Commissioner for
Fundamental Rights to annually submit a report to the Parliament on his activities, including
the performance of the tasks of the NPM as well.44 The Parliament shall debate the report of
the Commissioner for Fundamental Rights, also covering his performance of the tasks of the
NPM, within the year of its submission. 39 The report of the Commissioner for Fundamental
Rights, also covering his performance of the tasks of the NPM, is first debated in the
competent Committees, then on the plenary session of the Parliament. “The report of the
Commissioner for Fundamental Rights shall be published on the website of the Office after
the Parliament has passed a resolution on it.”40
32.
Engaging in a continuous and constructive dialogue aimed at following up the
implementation of recommendations, as suggested in Clause 41 of the Subcommittee’s
report, is a statutory obligation of not only the NPM but also the heads of places of detention,
authorities and other organs concerned. The dialogue between the NPM and the
recommendations’ addressees is conducted using the report as a platform. The ways of
following up recommendations, including the time limit for responding, are regulated in
detail by the law.41
33.
In accordance with Article 22 of the OPCAT and the recommendation made in Clause
42 of the Subcommittee’s report, in order to discuss the implementation of its
recommendations, the NPM conducts constructive dialogue with the competent authorities
not only in writing but also holding direct meetings and in the form of follow-up visits.
34.
It is the statutory obligation of the Commissioner for Fundamental Rights to publish
his annual report on his activities, 42 as well as the comprehensive annual report on the
performance of the tasks of the NPM43 on the Office’s website after the Parliament has passed
a resolution thereon. The NPM shall notify, in writing, the major detention authorities, the
heads of the visited places of detention, the members of the CCB, the Subcommittee, and the
media of the publication of the report on the Office’s website.
35.
After having sent the NPM’s annual report to the members of the CCB, and its English
translation to the Subcommittee and the CCB, the Commissioner for Fundamental Rights
also publishes the report on the OPCAT NPM section of the Office’s homepage. The
comprehensive reports on the performance of the tasks of the NPM for the years 2015 and
2016 have already been submitted to the Subcommittee. Those reports may be accessed on
the Subcommittee’s website as well.44 The Parliament has not debated yet the 2017 Annual
Report of the Commissioner for Fundamental Rights. The 2017 Comprehensive Annual
Report on the performance of the tasks of the NPM will be published on the Office’s website
after the Parliament has passed a resolution thereon, and its English translation, following the
practice of recent years, will be submitted to the Subcommittee.
36.
During the visits, the colleagues of the NPM introduce themselves to the interviewees
in accordance with the recommendations in Clause 46 of the Subcommittee’s report.
37.
The NPM performs its tasks deriving from Article 19 of the OPCAT in accordance
with the recommendations in Clauses 50 and 51 of the Subcommittee’s report. The NPM’s
activities related to the legislative process are described in detail in Paragraphs 27 and 28.
45
Section 40(3) of the Ombudsman Act
Section 40(4) of the Ombudsman Act
47 Sections 31 through 38 of the Ombudsman Act
48 Section 40(4) of the Ombudsman Act The reports of the Commissioner for Fundamental Rights may be found at:
www.ajbh.hu/eves-beszamolok
49 Section 39/C of the Ombudsman Act The comprehensive annual reports of the NPM may be found at:
www.ajbh.hu/opcateves-jelentesek
www.ohchr.org/EN/HRBodies/OPCAT/Pages/AnnualreportsreceivedfromNPM.aspx
51 The letter has been filed by the Office under № AJB-791/2018/13.
46
50
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