19 4. Civil Consultative Body I have to perform the tasks of the National Preventive Mechanism independently.58 The fact that the parliamentary commissioner, functioning since July 1, 1995, was an independent national human rights institution that gathered significant practical experience in inspecting domestic places of detention in the course of his general fundamental rights protection activities, played an important role in the Parliament’s decision. The “inviolable and inalienable fundamental rights of MAN shall be respected. It shall be the primary obligation of the State to protect these rights.”59 The Commissioner for Fundamental Rights is a state institution that “shall perform fundamental rights protection activities, his or her proceedings may be initiated by anyone.”60 The implementation of the State’s obligation to respect and protect fundamental rights is monitored by the members of civil society, as well; they draw attention to the shortcomings whenever it is necessary. As a recognition of the civil society’s effort in the field of respecting and protecting fundamental rights, in performing his tasks the Commissioner for Fundamental Rights has the statutory obligation to cooperate with “organizations and national institutions aiming at the promotion of the protection of fundamental rights”61. 4.1. Establishment of the Civil Consultative Body By virtue of Article 18, Paragraph 2 of the OPCAT, the States Parties “shall take the necessary measures to ensure that the experts of the national preventive mechanism have the required capabilities and professional knowledge.” I established the Civil Consultative Body for the period of three years, in order to make use of the outstanding practical and/or high-level theoretical knowledge accumulated by various organizations registered and operating in Hungary in the field of treating persons deprived of their liberty. The CCB comprises representatives of independent organizations who were either invited, or selected as a result of a call for application. As a recognition of their outstanding practical experience and knowledge, I invited the Hungarian Medical Chamber, the Hungarian Psychiatric Association, the Hungarian Dietetic Association and the Hungarian Bar Association to the CCB. The other members of the CCB were selected as a result of a public call for application. In the call, I requested the application of civil society organizations registered and operating in Hungary whose activities during the last five years preceding the publication of the public call had been aimed at protecting the rights and interests of persons deprived of their liberty and monitoring the treatment of persons held in places of detention within Hungary. By the set deadline, altogether four civil society organizations, the Hungarian Helsinki Committee, the Hungarian Civil Liberties Union, the MENEDÉK - Hungarian Association for Migrants and the Mental Disability Advocacy Center had submitted their application. Since all of them had met the criteria specified in the call for application, they became members of the CCB. See Section 39/A of the Ombudsman Act See Article I, Paragraph (1) of the Fundamental Law. 60 See Article 30, Paragraph (1) of the Fundamental Law 61 See Section 2, Subsection (5) of the Ombudsman Act 58 59