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Annex 1 – The NPM’s response to the conclusions…
submissions containing data or information on the infringement of
the provisions of Article 21, Note 1 of the OPCAT on the prohibition
of sanctions are investigated by the staff members of the Department authorised to perform tasks related to the NPM.310
10. The NPM conducts its visit based on a schedule of visits adopted
during the previous year. When proceeding in person, the Commissioner for Fundamental Rights shall notify the management
of the place of detention and the detainees held therein that he
is proceeding within the competence of the NPM. In his absence,
the commission letter of the multidisciplinary visiting delegation
shall clarify that the members thereof are authorised to perform
tasks related to the NPM. The commission letter of the visiting
delegation also reminds the places of detention and the authorities of the aforementioned prohibition stipulated in Article 21,
Note 1 of the OPCAT.311 It is also indicated on the cover and in
the text of the reports on the visits that they are published by the
Commissioner for Fundamental Rights proceeding in the capacity of the NPM.
11. The Commissioner for Fundamental Rights has to report to the Parliament on his performance of the tasks of the NPM.312 The Parliament shall debate the report of the Commissioner for Fundamental
Rights within the year of its submission.313 Information related to
the performance of the tasks of the NPM is regularly published on
the interface of the homepage of the Office especially dedicated to
this topic.314 The reports on the NPM’s visits and the annual comprehensive report on the NPM’s activities are also published on this
interface of the homepage of the Office.
12. Acting on the recommendation made in Point 19 of the Subcommittee’s report, the NPM has carried out an internal review of the
existing legal acts stipulating the functioning of the mechanism in
order to have a full overview of all aspects that need to be revised
to enable it to carry out its mandate effectively. In close cooperation
with the Ministry of Justice, the NPM is going to take steps to participate in preparing statutory amendments aimed at increasing the
NPM’S efficiency and independence.
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311
312
313
314
E.g., case No AJB-3680/2017 was such.
“No authority or official shall order, apply, permit or tolerate any sanction against any person or organisation for having communicated to the national preventive mechanism any information, whether
true or false, and no such person or organization shall be otherwise prejudiced in any way.”
Section 40(2)a) of the Ombudsman Act.
Section 40(3) of the Ombudsman Act.
http://www.ajbh.hu/opcat
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