Annex 1 – The NPM’s response to the conclusions…
eleven staff members to perform the tasks related to the NPM. The
authorised public servant staff members shall have outstanding theoretical knowledge in the field of the treatment of persons deprived of
their liberty, or have at least five years of professional experience in
addition to their academic qualification.303
7. The administration and preparation related to the tasks of the Commissioner for Fundamental Rights, including those of the NPM,
shall be performed by the Office of the Commissioner for Fundamental Rights (hereinafter the Office).304 Pursuant to the Organisational and Operational Rules of the Office, established by way of
a normative instruction305 by the Commissioner for Fundamental
Rights, who is solely responsible for the performance of the NPM’s
tasks, the staff members of the Office authorised on a permanent
basis to carry out tasks related to the NPM shall perform their work
within the frameworks of a separate organisational unit, the OPCAT
National Preventive Mechanism Department.306
8. Within the Office, the performance of the NPM’s tasks is separated
not only organisationally but also functionally. The recruitment and
selection of staff members authorised to perform the tasks related to
the NPM are conducted in accordance with the special provisions
of Act CXI of 2011 on the Commissioner for Fundamental Rights
(hereinafter the Ombudsman Act).307 To obtain access to classified
data necessary for the performance of their tasks, the public official
staff members authorised to perform the tasks related to the NPM
shall have the personal security clearance certificate of the required
level.308 Data storage media containing confidential information
gathered by the NPM are stored in the Office separately, in accordance with special rules of procedure.309
9. As a general rule, members of the OPCAT National Preventive Mechanism Department do not conduct inquiries into complaints. However,
303
304
305
306
307
308
309
Section 39/D, Subsection (3) of Act CXI of 2011 on the Commissioner for Fundamental
Rights (hereinafter the Ombudsman Act).
Section 41(1) of the Ombudsman Act.
See Section 23, Subsection (4), Note f) of Act CXXX of 2010 on Legislation and Section 41(3)
of the Ombudsman Act.
By virtue of Section 26(2) of Act CXXX of 2010 on Legislation, the normative instruction on the
Organisational and Operational Rules of the Office of the Commissioner for Fundamental
Rights, containing my directive on the establishment of the OPCAT National Preventive
Mechanism Department, shall be published in the Hungarian Official Gazette.
Section 39/D, Subsections (3) and (4) of the Ombudsman Act.
Section 39/D, Subsection (2) of the Ombudsman Act.
Article 21(2) of the OPCAT.
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