28 Although the objective of the NPM’s visit is “protection against torture and other cruel, inhuman or degrading treatment or punishment”, it often happens that persons deprived of their liberty complain about treatment-related grievances that refer to an anomaly relating to another fundamental right or the danger thereof. Such circumstances may present physical and mental challenges to persons deprived of their liberty. Since “full respect” for the human rights of people deprived of their liberty is a common responsibility shared by all78, in my reports I consider uncovering fundamental rights-related anomalies outside “torture and other cruel, inhuman or degrading treatment or punishment” and the danger thereof as an important task. 5.4.3. The NPM’s recommendations According to Article 19, Paragraph (b) of the OPCAT, the National Preventive Mechanism has to be granted the power to “make recommendations to the relevant authorities with the aim of improving the treatment and the conditions of the persons deprived of their liberty and to prevent torture and other cruel, inhuman or degrading treatment or punishment, taking into consideration the relevant norms of the United Nations”. The ultimate goal of the NPM’s visits is to encourage the respective authorities and institutions to improve the effectiveness of their measures aimed at the prevention of ill-treatment.79 My recommendations made in my reports on the NPM’s visits serve the purpose of eliminating and preventing the ill-treatment of persons deprived of their liberty. I may use the powers I am entitled to in my general activities aimed at protecting fundamental rights in the course of performing the tasks of the NPM as well: - In order to redress the ill-treatment of persons deprived of their liberty, I may address recommendations to the head of either the authority subject to inquiry80 or its supervisory organ81. In 2015, in the course of performing the tasks of the NPM, I made 89 recommendations to the heads of the visited places of detention and 45 to the heads of their supervisory organs. - In order to redress the uncovered impropriety related to a fundamental right or if I become aware of a circumstance pointing to an infringement of a legal rule, I may initiate proceedings by the competent prosecutor through the Prosecutor General.82 In 2015 I availed myself of this possibility on one occasion.83 - If ill-treatment or the danger thereof uncovered in the course of a visit can be attributed to a superfluous, ambiguous or inappropriate provision of a legal rule or to the lack or deficiency of the legal regulation of the given matter, I may propose the amendment, repeal of the legislation concerned or the preparation of a new legal rule.84 As a result of the NPM’s visits in 2015, I made 17 legislative recommendations.85 - If, in the course of my inquiry, I notice an impropriety related to the protection of personal data, to the right of access to data of public interest or to data public on grounds See the Preamble of the OPCAT See: Clause 5 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). 80 See Section 32, Subsection (1) of the Ombudsman Act 81 See Section 31, Subsection (1) of the Ombudsman Act 82 See Section 33, Subsections (1) and (2) of the Ombudsman Act 83 In my report on the visit to the Therapeutic House of Debrecen. 84 See Section 37 of the Ombudsman Act 85 Regarding legislation also see Chapter 6 78 79