62 8. The report of the NPM 8.5.1. Initiative If the authority subject to inquiry is able to terminate the impropriety related to fundamental rights within its competence, I may initiate its redress by the head of the authority subject to inquiry. Such an initiative may be made directly by phone, orally or by e-mail. In such cases, the date, method, and substance of the initiative shall be recorded in the case file. Within thirty days of receipt of the initiative, the authority subject to inquiry shall inform me of its position on the merits of the initiative and on the measures taken.130 If the authority subject to inquiry does not agree with the initiative, it shall, within thirty days of receipt of the initiative, submit the initiative to its supervisory organ together with its opinion thereon. Within thirty days of receipt of the submission, the supervisory organ shall inform me of its position and on the measures taken.131 Almost all addressees of the initiatives formulated in my reports on the NPM’s visits in 2018 responded within the period specified by the law. 8.5.2. Recommendation If, on the basis of an inquiry conducted, the NPM comes to the conclusion that the impropriety in relation to a fundamental right does exist, in order to redress it he/she may – by simultaneously informing the authority subject to inquiry – address a recommendation to the supervisory organ of the authority subject to inquiry. Within thirty days of receipt of the initiative, the supervisory organ shall inform me of its position on the initiative and on the measures taken.132 If the authority subject to inquiry has no supervisory organ, I shall address the recommendation to the authority subject to inquiry.133 The addressees of the recommendations formulated in my reports on the NPM’s visits in 2018 responded on the substance within the period specified by the law. 8.5.3. Initiation of proceedings by the prosecution In order to redress an impropriety related to a fundamental right, I may initiate proceedings by the competent prosecutor through the Prosecutor General. Within sixty days, the competent prosecutor shall inform me of his/ her position on the initiation of proceedings and his/her measure, if any.134 130 131 132 133 134 See Section 32(1) and (2) of the Ombudsman Act. See Section 32(3) of the Ombudsman Act. See Section 31(1) of the Ombudsman Act. See Section 31(4) of the Ombudsman Act. See Section 33(1) of the Ombudsman Act.

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