CAT/OP/HUN/2
38.
While the Subcommittee notes that visit reports are prepared and submitted to the
authorities, it also notes that there is no clear policy concerning a systematic follow-up and
dialogue procedure.
39.
Further to making the annual report public, pursuant to article 23 of the
Optional Protocol, the Subcommittee recommends that it should be discussed in the
parliament in open session and widely disseminated. The annual report of the national
preventive mechanism should be distinct from that of the Office of the Commissioner
for Fundamental Rights.
40.
The Subcommittee also recommends that the national preventive mechanism
enter into a continuous dialogue with the relevant public and other authorities, as well
as with other addressees of the recommendations, with a view to ensuring the
implementation of the mechanism’s recommendations. Following the transmittal of
the report, the mechanism should develop a strategy for following up the
recommendations and using the report as a platform for dialogue with the authorities
of the places of deprivation of liberty visited and with the respective public or other
authorities.
41.
The Subcommittee further recommends that the mechanism meet with the
relevant public authorities directly to discuss the implementation of its
recommendations, in accordance with article 22 of the Optional Protocol. The
mechanism should disseminate its annual reports, including by transmitting them to
the Subcommittee, for the purposes set out in the Optional Protocol.
2.
Recommendations on visit methodology
42.
During the joint visit to Budapest Remand Centre (Unit I), the Subcommittee was
pleased to note that national preventive mechanism members enjoyed full access to all
facilities within the prison and to all information concerning the number of detainees and
conditions of detention.
43.
Preparations for visits: Given that the year 2017 is dedicated to food and nutrition in
places of deprivation of liberty, the national preventive mechanism should collect
information regarding the topic from the appropriate domestic supervisory bodies prior to
conducting visits. This would enable the experts to better understand the situation in the
facilities to be visited and to ensure that appropriate preparations are made for visits.
Should the mechanism members require additional data from the administration on places
of deprivation of liberty, they can provide the authorities with a list of those data at the
beginning of the visit, so that they are ready for collection by the end of the visit or for
transmission via email. Such an approach would leave mechanism members free to carry
out actual monitoring activities.
44.
Interviews: The Subcommittee observed that, during the joint visit, the national
preventive mechanism members often introduced themselves as representatives of the
Office of the Commissioner for Fundamental Rights, because that body is more widely
recognized and better known. This may lead to confusion among the detaining authorities
and the detainees regarding the separate mandates of the two institutions. The
Subcommittee also noted that the mechanism members were not clearly identified as such
and that some of them failed to systematically introduce themselves to detainees as
representatives of the national preventive mechanism and to explicitly explain their
mandate (including making a clear distinction between the activities of the mechanism and
those of the Office of the Commissioner for Fundamental Rights). In addition, a number of
exchanges of information with detainees were conducted in the presence, or within earshot
of, detention officers.
45.
The Subcommittee recommends that, when introducing themselves to
interviewees, members of the national preventive mechanism, particularly the
external experts, state their name and the position they occupy within the mechanism.
The Subcommittee is of the view that an appropriate and complete introduction builds
trust with the interviewees and facilitates communication and information-sharing. In
addition, the members of the visiting team should be clearly identified as national
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