58
8.
The report of the NPM
The NPM makes reports on the visits he has conducted; “it shall contain the
uncovered facts and the findings and conclusions based on those facts”.114 In addition to indicating the location, the cover of the reports also states that I have
published it not under my general activities aimed at protecting fundamental rights, but while performing my tasks related to the NPM.
8.1.
Preparation of the report
Pursuant to Article 21.2 of the OPCAT, “confidential information collected by
the national preventive mechanism shall be privileged”.
The Commissioner for Fundamental Rights, “in the course of his proceedings, may process – to the extent necessary for those proceedings – all those personal
data and data qualifying as secrets protected by an Act or as secrets restricted to the
exercise of a profession which are related to the inquiry or the processing of which is
necessary for the successful conduct of the proceedings”.115
The members of the visiting delegations forward their subreports, summarizing their observations, the results of the measurements they have
taken and the interviews they have conducted, the pictures taken on site,
and the documents obtained in the course of the visit to the head of the
visiting delegation; the external experts also submit their opinions. Neither
the subreports nor the expert opinions contain any data suitable for personal identification.
As “the documents and material evidence obtained in the course of the proceedings of the Commissioner for Fundamental Rights are not public”,116 third
persons may not have access, either prior to or following the proceedings,
to notes taken and the documents obtained during the preparation or the
conduct of the visit.
114
115
116
See Section 28(1) of the Ombudsman Act.
See Section 27(1) of the Ombudsman Act.
See Section 27(3) of the Ombudsman Act.
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