Basic information on the national preventive mechanism
»»»»»»» Basic information on
the national preventive
mechanism
The Defender shall systematically visit places where persons
restricted in their freedom by public authority, or as a result of
their dependence on care provided, are or may be confined,
with the objective of strengthening the protection of these
persons against torture, or cruel, inhuman and degrading
treatment, or punishment and other forms of ill-treatment.
(Section 1 (3) of Act No. 349/1999 Coll.)
Since 2006, the Defender has acted in the capacity of
the national preventive mechanism pursuant to the
Optional Protocol to the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or
Punishment (OPCAT; No. 78/2006 Coll. of International Treaties).
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The Defender’s mandate encompasses all places of
detention, even places of detention de facto where
restriction of liberty results from dependence on the
care provided and where the primary purpose of stay
is provision of social, educational and health. Systematic visits are carried out in facilities founded by
both public as well as private entities.
of visits internally one year in advance, where this
plan is sometimes operatively supplemented in reaction to pressing issues. In determining the plan, the
Defender follows up on the previous period, where in
view of the goal to act against ill-treatment, the Defender strives for maximum efficiency in carrying out
individual visits as well as issue-focused series culminating in systemic proposals and recommendations.
As a rule, the visits are unannounced. The number of
visits each year depends on the size of the facilities
selected for visit and the scope of the inquiry. To ensure that the findings are representative, the Defender selects facilities both large and small, public and
private, and located in cities and in rural areas alike.
The Defender enjoys absolute freedom in the choice
of places to visit. The Defender determines the plan
The visits are carried out by employees of the Office
of the Public Defender of Rights on the basis of the
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