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2. Designation of the National Preventive Mechanism
By virtue of Article 17 of the OPCAT, “each State Party shall maintain, designate or establish, at the latest
one year after the entry into force of the present Protocol or of its ratification or accession, one or several independent
national preventive mechanisms for the prevention of torture at the domestic level.”
Hungary acceded to the OPCAT on January 12, 2012.43 Upon ratification, availing itself of the
possibility provided by Article 24 of the OPCAT, the Republic of Hungary declared the
postponement for three years of the implementation of the obligations under Part IV of the
Optional Protocol concerning national preventive mechanisms.44
By virtue of Article 18, Paragraph 4 of the OPCAT, when establishing national preventive
mechanisms, States Parties “shall give due consideration to the Principles relating to the status of national
institutions for the promotion and protection of human rights”.
The OPCAT was incorporated in the domestic legal system through Act CXLIII of 2011 on its
promulgation. By adopting the Act on the promulgation of the OPCAT, the Parliament
empowered the Parliamentary Commissioner, then a Status “B” national human rights
institution45, and, as of January 1, 2012, the Commissioner for Fundamental Rights46, to act as the
national institution conducting regular, unannounced visits to places of detention, a.k.a. the
National Preventive Mechanism.
Having been successfully reaccredited on December 29, 2014, as of January 1, 2015, I am obliged
to fulfill the duties of NPM as a Status “A” national human rights institution.47
2.1. Establishing an organizational unit responsible for performing the tasks of the NPM
On January 1, 2014, as part of the preparations for performing the tasks of the NPM, an OPCAT
Bureau (hereinafter the “Bureau”) started its operations in my Office as a separate organizational
unit, consisting of four public servants with law degrees and personal experience in visiting places
of detention.
During the initial stage of setting up the NPM, my Office tried to get acquainted with and make
use of the experiences of national preventive mechanisms operating in other countries of the
region. In order to achieve this goal, one of the Bureau’s staff members attended an international
conference on protecting the rights of elderly people in institutions, organized by the Czech
Ombudsman’s Office in Brno on February 20–21, 2014, within the frameworks of the project
“Together Towards Good Governance”, financed by the European Union. On the day following the
See Statement 9/2012. (II. 24.) KüM of the Ministry of Foreign Affairs on the entry into force of Sections 2 and 3 of Act
CXLIII of 2011 on the promulgation of the Optional Protocol of the Convention against Torture and other Inhuman or
Degrading Treatment or Punishment
44 See Section 4 of Act CXLIII of 2011 on the promulgation of the Optional Protocol of the Convention against Torture and
other Inhuman or Degrading Treatment or Punishment
45 Parliamentary Commissioner for Civil Rights Máté Szabó sent the application for accreditation as national human rights
institution and the related documentation to Geneva, to the International Coordination Committee of National Human Rights
Institutions, on October 11, 2010. As a result of the application, in August 2011 the Parliamentary Commissioner for Civil Rights,
and, as of January 1, 2012, the Commissioner for Fundamental Rights, acquired accreditation as a Status "B" national human
rights institution.
46 See Section 45, Subsection (2) of Act CXI of 2011 on the Commissioner for Fundamental Rights
47 See Section 9 of Act CXLIII of 2011 on the promulgation of the Optional Protocol of the Convention against Torture and
other Inhuman or Degrading Treatment or Punishment
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