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14.
Summary
My task as NPM is to regularly examine the treatment of the persons deprived of their liberty in places of detention as defined in Article 4 of the
OPCAT, with a view to preventing torture and other cruel, inhuman or
degrading treatment or punishment, even in lack of petitions or detected
improprieties.279 The ultimate objective of the NPM’s visits is to persuade
the authorities and institutions concerned to improve the system of functioning safeguards to prevent all forms of ill-treatment.
The specific rules of performing this task are stipulated in Chapter III/A
of the Ombudsman Act. The current legal environment is basically suitable for the performance of my tasks. As proposed by the Subcommittee on
Prevention of Torture,280 in the form of an internal inquiry, I reviewed the
effective laws governing the operation of the NPM and I requested help
from the Minister of Justice with performing the modifications that I find
necessary.281 The Minister of Justice found only one of my proposals for the
amendment of a law concerning the performance of the tasks of the NPM
worthy of support.282
In performing the tasks of the NPM, I may proceed personally or through
authorised public servant members of my Office. In 2018, my Office had to
face two major challenges while performing the tasks of the NPM. On the
one hand, due to the lack of applicants, I could not fill the two physicians’
positions stipulated in Section 39/D(4) of the Ombudsman Act. I employed
the physicians participating in the visits on the basis of civil law contracts.
On the other hand, staff turnover was rather high among the public servant lawyers participating in the performance of the tasks related to the
NPM. One of the six lawyers working at the Department on January 1, 2018
left the Office at the beginning of the year. On average, the Department
worked with eight public servant staff members. The vacated position was
279
280
281
282
See Section 39/B(1) of the Ombudsman Act.
SPT visit to Hungary between March 21 and 30, 2017: conclusions and recommendations
for the National Preventive Mechanism (CAT/OP/HUN/R.2), Section 19.
See document No. AJB-4496/1/2018.
Justice Minister ’s letter No. XX-AJFO/ID/267/2018/8 dated on February 27, 2019 was put on
file under No. AJB-4496/1/2018.
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