CAT/OP/HUN/2
24.
Recalling that, under article 18 (3) of the Optional Protocol, States parties have
an obligation to make available the necessary resources for the functioning of the
national preventive mechanisms, the Subcommittee reiterates that the national
preventive mechanism should be provided with sufficient budgetary funding to enable
it to carry out all its mandated tasks and should be granted institutional autonomy
regarding the use of its resources. The funding should be provided through a separate
line in the national annual budget referring specifically to the national preventive
mechanism (see CAT/C/57/4 and Corr.1, annex, sect. III) and not through the general
budget of the Office of the Commissioner for Fundamental Rights. This funding
should be sufficient to allow the mechanism to carry out its programme of visits,
engage the services of external experts as and when appropriate, increase its human
resources and regularly access training, in accordance with its own workplan.
25.
In order to ensure its functional and operational independence, the national
preventive mechanism must enter into a constructive dialogue with the relevant
domestic authorities designed to ascertain the mechanism’s requirements with regard
to the fulfilment of its mandate in accordance with the provisions of the Optional
Protocol.
26.
The Subcommittee recommends that the national preventive mechanism
evaluate its financial needs in order to more effectively fulfil its mandate under the
Optional Protocol and that, as a matter of priority, it submit proposals concerning
those needs to the domestic authorities. Based on that evaluation, concrete plans for
the mechanism’s development and future activities could be prepared and a
constructive dialogue with the domestic authorities could be established concerning
concrete budget proposals and the allocation of sufficient resources to the mechanism
through a separate budget line.
3.
Cooperation with the Civic Consultative Body
27.
The Subcommittee welcomes the cooperation established between the national
preventive mechanism and civil society organizations. Given that the mechanism has only
limited resources, it does not have the capacity to cover all of the numerous places of
deprivation of liberty located in the State party and to undertake all the other activities
provided for under its mandate. Improved communication and coordination between the
mechanism and the Civic Consultative Body are essential if the two entities are to work
together efficiently.
28.
In this connection the Subcommittee urges the mechanism to improve
information-sharing through regular meetings and other channels of communication
and to adopt clearly defined working methods. It is recommended that the mechanism
and the Civic Consultative Body jointly establish a clear framework for cooperation
and mutual support.
29.
The Subcommittee recommends that the national preventive mechanism
engage more directly and independently with civil society organizations, including, at
a minimum, through their increased participation in mechanism visits, internal
training, outreach activities, report-writing and dialogue with the domestic authorities.
30.
The Subcommittee recommends that the national preventive mechanism follow
up the concrete proposals put forward during the mechanism’s meeting with the Civic
Consultative Body on 22 March 2017. Those proposals include: involving civil society
experts in detention-related activities; creating a database of experts and including
experts in monitoring teams based on their experience; increasing the number of visits
to 25; involving the Civic Consultative Body in the process of selecting facilities for
visits (one third to be selected by the Civic Consultative Body); discussing the
mechanism’s report with the Body at least two weeks prior to its publication;
following up the mechanism’s recommendations in cooperation with the Body;
consulting with the Body about the types of facilities to be visited and the methodology
to be employed; and adopting terms of reference concerning cooperation with the
Body, including regarding the chairing and the venue of its meetings with the Body.
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