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1. The legal background of the National Preventive Mechanism’s operation
ing its 1999 periodical visit25 and would visit the institution on each following
occasion. I had consultations in my Office with the representatives of the
CPT during their ad hoc visit to Hungary on October 21, 2015.26
Since the “provisions of the present Protocol shall not affect the obligations of
States Parties under any regional convention instituting a system of visits to places
of detention,”27 the reports of the CPT’s visits to Hungary are of major importance for me. The conclusions of the CPT’s latest country report, its recommendations for the Government and the responses given thereto were
taken into consideration during the preparation of the National Preventive
Mechanism’s first annual schedule of visits.28
The comprehensive standards29 worked out by the CPT relative to the
treatment of persons deprived of their liberty interpret the prohibition of
torture, inhuman or degrading treatment or punishment as stipulated in
Article 3 of the European Convention on Human Rights from the aspects of
the practical operation of various types of places of detention (prisons, police
lock-ups, psychiatric institutions, detention centers for refugees), and such
vulnerable groups as women or minors.
1.3.
Preventive activities of the Commissioner
for Fundamental Rights
According to the Fundamental Law, “the Commissioner for Fundamental
Rights shall perform fundamental rights protection activities,”30 which also
covers the prohibition of torture, inhuman, degrading treatment or punishment. According to the consistent judicial practice of the Constitutional Court, the obligation of the State to respect and protect fundamental
rights is not limited to refraining from infringing them, but also includes
its obligation to guarantee all conditions required for the enforcement
of such rights.31 Decisions of the Constitutional Court are binding for
everyone, the Commissioner for Fundamental Rights included.32 For the
aforementioned reason, even in my general activities aimed at protecting
25
26
27
28
29
30
31
32
The first ombudsperson, then called the Parliamentary Commissioner for Civil Rights, started
her work on July 01, 1995.
The Hungarian translation of report CPT/Inf (2016) 27 on the CPT’s ad hoc visit to Hungary
between October 21 and 27, 2015, may be reached at: https://rm.coe.int/16806b5d23
See Article 31 of the OPCAT.
See CPT/Inf (2014) 13 and CPT/Inf (2014) 14.
See: CPT standards CPT/Inf/E (2002) 1 - Rev. 2015.
See Article 30, Paragraph (1) of the Fundamental Law.
See Constitutional Court decision 64/1991 (XII. 10.) AB.
See Section 39, Subsection (1) of Act CLI of 2011 on the Constitutional Court.
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