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Pursuant to Article 20, Paragraph (e) of the OPCAT, NPMs have the liberty to choose “the persons
they want to interview”. The heads, staff members and the supervisory organs of the visited places of
detention have to cooperate with the visiting delegation and its members.71 Using previously
prepared questionnaires, the members of the visiting delegation conduct interviews with the head
of the given place of detention, as well as with staff members and other persons currently at the
visited site.
By virtue of Section 39/B, Subsection (4) of the Ombudsman Act, apart from the person who is
given a hearing, “no other person may participate, unless the Commissioner for Fundamental Rights authorized
his/her participation”.
A major objective of the visiting delegation is to ensure that its members could meet all persons
deprived of their liberty currently staying at the visited site. The members of the visiting
delegation try to conduct hearings privately, in a confidential atmosphere, but they also have
group hearings. Among the detainees, there may be traumatized individuals for whom
communication is more difficult due to their personality traits or disabilities. The members of the
visiting delegation try to dismantle those communication barriers and help the interviewees to
open up. To that end, the interviewers have to build trust, which can be reached through
empathy and unconditional acceptance; however, they have to refrain from instilling excessive
trust, e.g., they must not imply that they can facilitate the transfer of the detainee. In order to
properly handle such a complex situation, considerable awareness, self-knowledge, an accepting
attitude and congruent communication are required.
Persons deprived of their liberty, unlike the head and the staff members of the given place of
detention, do not have to cooperate with the visiting delegation. In the case of those persons
deprived of their liberty who, due to their age, state of health or any other circumstance, were
unable or unwilling to speak about their experiences with detention, the visiting delegation
examined the conditions of their placement.
The members of the visiting delegation prepared notes on the interviews conducted with both
the persons deprived of their liberty and the staff members of the given place of detention. All
interviewees, should they be detainees, staff members or visitors, were duly informed that “no one
should suffer any disadvantage for providing information to ... the national preventive mechanism”.72
5.3.4. Document inspection
By virtue of Section 39/B, Subsection (3), Paragraph b), the NPM may “inspect without any restriction
all documents concerning the number and geographical location of places of detention, the number of persons
deprived of their liberty who are held there, on the treatment of these persons and on the conditions of their
detention, and make extracts from or copies of these documents”.
When starting the visit, the head of the visiting delegation hands over the list of documents that
he/she or any member of the visiting delegation wishes to inspect or requests a copy thereof.
Should the inspection, making extracts or copies of further documents become necessary in the
course of the visit, the members of the visiting delegation notify thereof the competent staff
member of the given place of detention.
71
72
See Section 25, Subsection (1) and Section 39/D, Subsection (1) of the Ombudsman Act
See Section 39/E of the Ombudsman Act
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