(2) The Ombudsman shall be entitled to:
1. access at any time without prior notice to all places of detention under paragraph 1 and to
their installations and facilities;
2. access to all information concerning the number of persons deprived of their liberty in places
of detention as defined in paragraph 1, as well as the number of places and their location;
3. the liberty to choose the places s/he wants to visit and the persons s/he wants to interview;
4. thee opportunity to have private interviews with the persons deprived of their liberty without
witnesses, either personally or with a translator if deemed necessary, as well as with any other
person who the Ombudsman as a National Preventive Mechanism believes may supply relevant
information;
5. access to all information referring to the treatment of the persons under paragraph 1 as well
as their conditions of detention;
6. request information from the staff of the visited detention facility, hold lectures and converse
personally with any person at the territory of the inspected object;
7. arrange medical examinations of individuals with their consent.
(3) Employees and officials in the facilities under paragraph 1 are obliged to assist and supply
the necessary information to the Ombudsman.
Article 28 (b) (new – SG no. 29/2012, effective as of 11 May 2012) (1) A person or an official is
not entitled to order, apply, permit or allow whatever sanction in respect of a person or
organization that they have reported any information, whether true or not, to the Ombudsman
as a National Preventive Mechanism, and no such person or organization may suffer any
damage because of this.
(2) Confidential information collected by the Ombudsman as a National Preventive Mechanism
may not be disclosed. Personal data may be published only after the person it refers to has
expressed his or her explicit consent.
Article 28 (c) (new – SG no. 29/2012, effective as of 11 May 2012) The Ombudsman as a
National Preventive Mechanism may by order delegate in whole or in part its powers under
Article 28 (a) to members of her/his administration.
Article (28) (d) (new – SG no. 29/2012, effective as of 11 May 2012) (1) After each visit, the
Ombudsman shall prepare a report which may contain recommendations and proposals with a
view to improving the conditions in the facilities under Article 28 or treatment of the individuals
placed there, as well as to preventing torture and other cruel, inhuman or degrading treatment
or punishment.
(2) The report shall be presented to the relevant competent authority which shall notify the
Ombudsman within one month of the action taken in implementing the recommendations.
(3) The Ombudsman shall also publish annual reports related to her/his work as a National
Preventive Mechanism, subject to the requirement of Article 28 (b), para 2.
Article 28 (e) (new – SG no. 29/2012, effective as of 11 May 2012) The Ombudsman as a
National Preventive Mechanism shall cooperate with relevant bodies and mechanisms of the
United Nations, citizens' associations, as well as with international, regional and national
organisations working to protect persons against torture and other form of cruel, inhuman or
degrading treatment or punishment.
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