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My public servant colleagues possess investigator’s photo ID cards issued by the Office of the
Commissioner for Fundamental Rights, displaying their names as well as their official positions. Upon
arriving at the place of detention, the members of the visiting delegation introduce themselves and
inform the management and the detainees that they are proceeding in order to perform tasks related to
the NPM. They state the purpose of the visit, present their investigator’s photo ID cards and hand over
their commission letter signed by me, proving their being authorized 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 authorization 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.”94
In 2017, all places of detention were visited without prior notification. The timing of the visits was
adjusted to the Office’s working order. 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 2017, the visits by the NPM were all conducted in accordance with the professional rules and
methods specified in CFR Directive 3/2015. (XI. 30.) AJB.95
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.96
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.
5.2.3. Interviews
Pursuant to Section 39/B(3)c) of the Ombudsman Act, the NPM shall “hear any person present on the site,
including the personnel of the authority under inspection and any persons deprived of their liberty.”
By virtue of Article 20(e) of the OPCAT, the NPMs shall have the liberty to choose “the persons they want
to interview.” The management and the personnel of the place of detention inspected as well as their
supervisors shall cooperate with the visiting delegation and its members.97 The members of the visiting
delegation conduct, on the basis of pre-compiled questionnaires, interviews with the head and the
personnel of the place of detention, as well as any other persons currently staying on the premises.
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 3/2015. (XI. 30.) AJB.
96 See Clause 25 of the SPT’s Analytical assessment tool for national preventive mechanisms, (CAT/OP/1/Rev. 1).
97 See Sections 25(1) and 39/D(1) of the Ombudsman Act
94
95
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