11 Introduction Ever since the establishment of the ombudsman institution in Hungary, Hungarian ombudsmen – responsible to the Parliament – have been regularly visiting state and local institutions where the residents were persons deprived of or restricted in their liberty. The objective of the ombudsman’s inspections has been to learn to what extent the fundamental rights of persons who are detained in institutions or are restricted in their liberty for shorter or longer periods of time due to their age, health condition, difficult situation, or as a result of a judicial order, are respected. As a general rule, the Commissioner for Fundamental Rights launches investigations on the basis of submissions;1 however, in connection with the activities of the authorities,2 he/she as ombudsperson may also conduct ex officio proceedings “aimed at conducting an inquiry into improprieties affecting not precisely identifiable larger groups of natural persons or at conducting a comprehensive inquiry into the enforcement of a fundamental right.” 3 As the defender of fundamental rights, I have mostly initiated ex officio inquiries in order to protect the rights of society’s most vulnerable groups whose members are not or are only partially able to voice their complaints or submit them to the competent local or state authorities.4 Similarly to my predecessors in the Office, I consider persons living in institutional care as a vulnerable group of society; therefore, I have conducted regular inquiries into their treatment even in the absence of formal submissions. In recognition of the professional knowledge and practical experience in the examination of the treatment of persons living in institutional care obtained by the Ombudsman and the ombudsman institution’s staff, the Parliament has decided to entrust the Commissioner for Fundamental Rights, responsible solely to the Parliament, with the tasks of the National Preventive Mechanism (hereinafter the “NPM”) pursuant to Article 3 of the Optional Protocol of the Convention against Torture and other Inhuman or Degrading Treatment or Punishment (hereinafter the “OPCAT”5).6 In addition to my activities in the 1 2 3 4 5 6 Section 18(1) of Act CXI of 2011 on the Commissioner for Fundamental Rights (hereinafter: the Ombudsman Act). Section 18(1)a)–l) of the Ombudsman Act. Section 18(4) of the Ombudsman Act. Section 1(2)d) of the Ombudsman Act. Optional Protocol to the Convention against Torture and other Inhuman or Degrading Treatment or Punishment, promulgated by Act CXLIII of 2011 (hereinafter: the “OPCAT”). Section 2(6) of the Ombudsman Act.