27 or as secrets restricted to the exercise of a profession which are related to the inquiry or the processing of which is necessary for the successful conduct of the proceeding”74. My colleagues participating in the visits forward their progress reports, summarizing results of their observations and the measurements and interviews conducted by them, together with the snapshots and documents obtained in the course of the visit to the head of the visiting delegation; the contributing experts also submit their opinion to the head of delegation. Progress reports and expert opinions do not contain any data suitable for personal identification. Since “documents and material evidence obtained in the course of the proceedings of the Commissioner for Fundamental Rights shall not be public”75, notes taken and documents obtained at any stage of the visit, including the period following its conclusion, are not accessible to outsiders. 5.4.2. The report of the NPM A report is compiled on the visit conducted by the NPM, which “shall contain the uncovered facts, and the findings and conclusions based on the facts”76. On the cover of the report, in addition to the name of the visited site, it is also indicated that I have published the report not within the frameworks of my general fundamental rights protection activities, but in my capacity of NPM. The report briefly presents the scope of the NPM’s tasks, the reasons and circumstances of the site selection, and the criteria based on which the selected site qualifies as a place of detention under Article 4, Paragraph 2 of the OPCAT. The report also contains the date of the visit, the names and qualifications of the members of the visiting delegation, the official positions of the Department’s staff members, the list of domestic and international sources of law applied, as well as the list of fundamental rights touched upon in the report. The facts of the case include the description of the observations made, interviews conducted and data obtained by the members of the visiting delegation in the course of their visit to the given place of detention, serving as a basis for the NPM’s conclusions and recommendations.77 The draft report is prepared by the head of the visiting delegation on the basis of the progress reports and expert opinions. Applying the method of triangulation–cross-checking information obtained from different persons (allegations) with the documents acquired–is conducive to a higher level of objectivity. The report’s conclusions must cover those aspects of treatment and placement which may result in a fundamental right-related anomaly or the danger thereof. The concluding part of the report must also indicate whether the fundamental right-related anomaly is the result of the incorrect interpretation of the law or derives from a superfluous, ambiguous or inadequate legal provision, or from the absence or shortcomings of the relevant legal regulation. In addition to treatment-related critical remarks, comments on the best practices experienced in the course of the visit should also be contained in this part of the report. See Section 27, Subsection (1) of the Ombudsman Act See Section 27, Subsection (3) of the Ombudsman Act 76 See Section 28, Subsection (1) of the Ombudsman Act 77 See Section 32, Subsection (1) of Directive 2/2012. (January 20) AJB on the professional rules and methods of investigations by the Commissioner for Fundamental Rights 74 75