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Introduction
The Commissioner for Fundamental Rights, formerly the Parliamentary Commissioner for Civil Rights,
an ombudsman institution responsible to the Parliament, has been regularly visiting, ever since its
establishment, state and local institutions where the residents were persons deprived of or restricted in
their liberty. The objective of on-site inspections was to learn whether the fundamental rights of
persons who are detained in institutions for shorter or longer periods due to their age, state of health,
difficult situation, or as a result of a judicial order, are infringed upon.
As a general rule, the Commissioner for Fundamental Rights launches investigations on the basis of
submissions; 1 however, in connection with the activities of the authorities, 2 he may also conduct ex
officio proceedings “aimed at conducting an inquiry into improprieties affecting not precisely identifiable larger groups
of natural persons or at conducting a comprehensive inquiry into the enforcement of a fundamental right.” 3 The
ombudsmen have usually been initiating ex officio inquiries in order to protect the rights of society’s
most vulnerable groups whose members are not or only partially able to voice their complaints or
submit them to the competent local or state authorities. Hungarian Ombudsmen have been treating
detainees as a vulnerable group of society; therefore, they have conducted regular inquiries into their
treatment in various places of detention even in the absence of formal submissions.
The Parliament, in recognition of the professional knowledge and practical experience obtained by the
Commissioner for Fundamental Rights, responsible solely to it, and his staff, has decided 4 to entrust
the commissioner with the tasks of the National Preventive Mechanism pursuant to Article 3 of the
Optional Protocol of the Convention against Torture and other Inhuman or Degrading Treatment or
Punishment (hereinafter the “OPCAT”). 5 In addition to my fundamental-rights-protection activities
stipulated in Article 30 of the Fundamental Law, I have been performing these tasks, as the first
Hungarian Ombudsman with such a mandate, since January 1, 2015.
In order to perform my tasks related to the National Preventive Mechanism, I regularly examine the
treatment of persons deprived of their liberty and held at various places of detention (hereinafter the
“place of detention”), specified in Article 4 of the OPCAT, also in the absence of any petition or
alleged impropriety.6 In performing my tasks related to the National Preventive Mechanism, I have
conducted 32 inspections so far, which accounts for a significant part of my activities.
I have regularly published my reports on the unannounced, multidisciplinary visits to various places of
detention on the homepage of my Office. The reports by the National Preventive Mechanism have
been receiving attention from and processed by not only the printed and electronic press but also the
professional circles concerned.
This is for the third time that I am complying with my obligation7 to prepare a comprehensive report
on the performance of the tasks related to the National Preventive Mechanism.
Section 18, Subsection (1) of Act CXI of 2011 on the Commissioner for Fundamental Rights (hereinafter the “Ombudsman Act”)
Section 18(1)a)–l) of the Ombudsman Act
3 Section 18(4) of the Ombudsman Act
4 Section 2(6) of the Ombudsman Act
5 Optional Protocol of the Convention against Torture and other Inhuman or Degrading Treatment or Punishment, promulgated by Act
CXLIII of 2011
6 Section 39/B(1) of the Ombudsman Act
7 Section 39/C of the Ombudsman Act
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