CAT/OP/HUN/R.2
address that risk. In addition to the precautions mentioned above, the mechanism should
clearly inform the authorities that reprisal of any kind is impermissible, will be reported and
will be followed up by the mechanism. This is done with the clear intention of ensuring that
those responsible for such reprisals are promptly investigated, and if found guilty, receive
appropriate penalties. The mechanism should also, inter alia, undertake preventive followup visits.
Visibility and awareness
49.
The Subcommittee observed a lack of visibility of the NPM among the authorities,
and among persons deprived of their liberty, something which may have a detrimental
effect on NPM’s efficiency and effectiveness. In many places of deprivation of liberty
neither the administration nor persons held in detention were aware of the NPM, its role
and/or function. Moreover, the Subcommittee is further under the impression that some
officials in places of detention are not familiar with recommendations of the NPM after
their institutions were visited by the NPM.
50.
The Subcommittee recommends increasing the visibility of the NPM, including
through activities that raise awareness of the OPCAT and of the NPM mandate. The
NPM should undertake activities to increase the awareness of the general public, and
especially persons deprived of their liberty, about its mission and its mandate. The
NPM should engage in legislative processes, advocacy, which NPMs are encouraged to
undertake under OPCAT article 19, and which increases their overall visibility. The
Subcommittee further recommends the NPM to engage in outreach activities and
other events as appropriate.
51.
The Subcommittee also recommends elaborating and distributing further
materials on the NPM’s mandate and activities to personnel and detainees in the
places of deprivation of liberty, and to the civil society at large to increase the visibility
of the NPM as well as enhance understanding about its mandate.
IV. Final recommendations
52.
In conclusion, the Subcommittee is aware that the national preventive
mechanism of Hungary is facing complex challenges regarding its legal, institutional
and structural framework. It recommends that the mechanism take a proactive
attitude and submit to the authorities a proposal to revise its legal, institutional and
structural framework, including within the Office of the Commissioner for
Fundamental Rights, and to submit proposals on how to secure the necessary financial
resources, further to a thorough internal evaluation of the level of financial resources
needed to adequately fulfil its mandate under the Optional Protocol.
53.
In the light of scarcity of human and financial resources available to the
national preventive mechanism, the Subcommittee recommends that the mechanism
also increase its international cooperation with other national preventive mechanisms
to reinforce its capacities, share information and practices and develop its working
methods so as to improve its ability to carry out its mandate under the Optional
Protocol adequately.
54.
The Subcommittee also recommends that the NPM continue to develop its
capacity through increasing cooperation with the Subcommittee, as well as through
engagement with other NPMs and appropriate NPM networks.
55.
The Subcommittee regards its visit and the present report as the beginning of a
constructive dialogue with the national preventive mechanism of Hungary. The Office of
the High Commissioner for Human Rights stands ready to provide technical assistance and
advice to the mechanism to reinforce its capacity to prevent torture and ill-treatment in all
places of deprivation of liberty in the State party and to make the common goal of
prevention a reality.
56.
The Subcommittee recalls that prevention of torture constitutes an ongoing and wideranging obligation of the State party, the likelihood of whose achievement is greatly enhanced
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