11 psychiatric institutions, holding centers for asylum seekers), and various vulnerable groups, e.g., women and minors. 1.3. Prevention activities of the Commissioner for Fundamental Rights According to the Fundamental Law, the “Commissioner for Fundamental Rights shall perform fundamental rights protection activities”33 which cover the ban on torture, inhuman, degrading treatment or punishment as well. In accordance with the Constitutional Court’s consistent caselaw, the State’s obligation to respect fundamental rights is not limited to refraining from their infringement, but also implies providing the conditions necessary for the effective implementation of fundamental rights.34 The decisions of the Constitutional Court are binding on everyone, including the Commissioner for Fundamental Rights.35 For the aforementioned reason, in my general activities aimed at protecting fundamental rights I am obliged to examine whether the authority concerned has duly provided the conditions necessary for the effective implementation of fundamental rights. If the authority concerned fails to comply or complies only belatedly with its obligation, in my recommendation, referring to the danger of infringing a fundamental right, I may initiate measures necessary for the enforcement of the given fundamental right.36 Protection is especially important from the aspect of “prevention of torture and other cruel, inhuman or degrading treatment or punishment”. According to the Subcommittee on Prevention, the scope of preventive work is large, encompassing any form of abuse of people deprived of their liberty which, if unchecked, could grow into torture or other cruel, inhuman or degrading treatment or punishment.37 In the course of his/her general activities aimed at protecting fundamental rights, as well as in his/her capacities of National Preventive Mechanism, the Commissioner for Fundamental Rights is entitled to investigate the practical implementation of international treaties incorporated in national law. Furthermore, he/she may make proposals for the amendment or making of legal rules affecting fundamental rights and/or the expression of consent to be bound by an international treaty.38 Since complying with obligations deriving from international instruments is the states’ task, the OPCAT compels the States Parties to provide, in their internal legislation, the statutory conditions necessary for the effective operation of the National Preventive Mechanism. In Hungary, both the “powers”39 necessary for the NPM’s operation and the material and procedural legal rules40 necessary therefor are stipulated in the Ombudsman Act. 1.4. The budget of the National Preventive Mechanism Administration and preparations related to my tasks are performed by the Office of the Commissioner for Fundamental Rights (hereinafter “the Office”).41 The costs of the NPM’s See Article 30, Paragraph (1) of the Fundamental Law See Constitutional Court decision 64/1991 (XII. 10.) AB 35 See Section 39, Subsection (1) of Act CLI of 2011 on the Constitutional Court 36 See Sections 31–38 of the Ombudsman Act 37 See: Clause 4 of the Report on the Visit of the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment to The Maldives (February 26, 2009). 38 See Section 2, Subsection (2) of the Ombudsman Act 39 See Article 19 of the OPCAT 40 See Articles 3-4, 17, 18, 20–22 and 23 of the OPCAT 41 See Section 41, Subsection (1) of the Ombudsman Act 33 34