26
In the absence of prior notice, staff members of the places of detention cannot prepare for the
visits; therefore, on many occasions, they cannot present certain documents or cannot have the
requested documents copied by the end of the visit. In that case they have to provide the NPM
with the missing documents within the deadline specified by the head of the visiting delegation,
which may not be shorter than fifteen days. 73
In 2015 I received all documents necessary for the performance of the duties of the NPM within
the statutory time limit.
5.3.5. Concluding the visit
In 2015, the NPM’s visits lasted between six hours and two days. All visits were concluded with a
feedback to the personnel of the given place of detention, laying the emphasis on partnership.
In their feedback, the members of the visiting delegation summarize their experiences gained in
the course of the visit, the inspected and/or copied documents, pointing out what other
documents the staff members of the given place of detention should provide to the NPM.
In their feedback, the members of the visiting delegation also share with the management of the
given place of detention their positive and negative impressions as regards the treatment of
detainees and the conditions of detention, thus promoting best practices and encouraging the
earliest solution of certain pressing problems.
5.4. Processing and evaluating information obtained in the course of the visits
The members of the visiting delegation process their experiences and impressions, gained at the
visited place of detention, together. During these consultations they may identify situations
causing difficulties and the reactions given thereto. Visiting various types of places of detention,
meeting children and adults deprived, to a lesser or greater extent, of their liberty, is rather
stressful even in the absence of circumstances indicating ill-treatment. Joint analyses, in addition
to helping to preserve the mental health of the visiting delegation’s members, also increase the
efficiency of the next visit through pointing out the causes and effects of decisions made on-thespot.
The head of the delegation prepares a brief informing me on the most important experiences
gained at the visited place of detention. Then he/she prepares the draft of the short summary of
the visit that, upon approval, will be published by my Office, in the Hungarian and English
languages, on the NPM’s website.
5.4.1. Preparing the NPM’s reports
According to Article 21, Paragraph 2 of the OPCAT, “confidential information collected by the national
preventive mechanism shall be privileged”.
In the course of his/her proceedings the Commissioner for Fundamental Rights “may process–to
the extent necessary for those proceedings–all those personal data and data qualifying as secrets protected by an Act
Pursuant to Section 21, Subsection (1), Paragraph a), the Commissioner for Fundamental Rights "may request data and information
from the authority subject to inquiry on the proceedings it has conducted or failed to conduct, and may request copies of the relevant documents".
According to Section 21, Subsection (2), the "request of the Commissioner for Fundamental Rights pursuant to points a) and b) of subsection (1)
shall be complied with within the time-limit set by the Commissioner. The time-limit may not be shorter than 15 days."
73
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents