46
5. The NPM’s visits
over their commission letter signed by me, proving their being authorised
to proceed in order to perform tasks related to the NPM. The commission
letter also contains the names of external experts participating in the visit
and their authorisation to cooperate in conducting the visit.
In the commission letter, I call the attention of the management and the
personnel of the place of detention concerned to the fact that “no authority
or official shall order, apply, permit or tolerate any sanction against any person or
organization 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”.84
In 2018, all places of detention were visited without prior notification. The
timing of the visits was usually adjusted to the normal working hours. The
timing of visits to some institutions holding extremely vulnerable detainees
was adjusted to the peculiarities of the given place of detention. The visiting
delegations were given access to all places of detention without any delay.
5.2.2. Inspecting a place of detention
Pursuant to Section 39/B(3)a) of the Ombudsman Act, the NPM may “enter
without any restriction the places of detention and other premises of the authority
under inquiry”.
In 2018, the visits by the NPM were all conducted in accordance with
the professional rules and methods specified in Commissioner for Fundamental Rights Directive 3/2015. (XI. 30.) AJB on the professional rules and
methods of his/her inquiries (hereinafter the “CFR Directive”).85
The members of the visiting delegations inspected the premises, equipment, and furnishing of the places of detention, as well as the documents
related to the number, treatment, and conditions of detention of the persons deprived of their liberty, made copies of some of those documents,
and, among others, observed the engagement of those persons deprived
of their liberty. In order to prevent the ill-treatment of persons deprived of
their liberty, the members of the visiting delegations inspected the vacant
detention units as well.86
During the visits, my colleagues took pictures of their observations and
measured the size and temperature of the premises where the persons deprived of their liberty were placed.
84
85
86
Article 21(1) of the OPCAT.
The special professional rules and methods related to the performance of the tasks of the
NPM are stipulated in Chapter X of CFR Directive.
See: SPT: Analytical self-assessment tool for National Prevention Mechanisms (Clause 25 of CAT/
OP/1/Rev.1).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents