54
8. Reports of the NPM
experts forward their expert opinions to him/her. Neither the subreports nor
the expert opinions contain identifiable personal data.
Since “the documents and material evidence obtained in the course of the proceedings of the Commissioner for Fundamental Rights shall not be public,”126 outsiders may not have access to notes taken and documents obtained in the
course of the visit or its preparation either during or after the completion
of the proceedings.
8.2.
Introduction
The introduction gives a short presentation of the NPM’s tasks, the reasons, and circumstances of selecting the location, and the criteria based on
which deprivation of liberty is justified under Article 4, Paragraph (2) of
the OPCAT.
It contains the date and time of the visit, the names, and qualifications
of the visiting delegation’s members and the official positions of my fellow
public servants, the method of the inspection, the list of the international
and domestic legal sources applied, and the listing of fundamental rights
touched upon in the report.
8.3.
The facts of the case and the findings
Detailed description and presentation of the treatment of the detainees and
the circumstances observed during the visit are of major importance from
the aspect of performing the tasks of the NPM.
The facts of the case include the basic data of the place of detention, and
the detailed description of the observations made, interviews held and data
obtained in the course of the visit, on which the conclusions and actions
of the NPM are based.127 The draft of the report is prepared by the head of
the delegation on the basis of the subreports of the members of the visiting
delegation and the opinions of the outside experts. Objectivity is ensured
using the method of triangulation, i.e., crosschecking allegations by different
persons and comparing documents.128
The report’s findings should list those aspects of placement and treatment which could result in a fundamental-rights-related impropriety or the
126
127
128
See Section 27, Subsection (3) of the Ombudsman Act.
See Section 32, Subsection (1) of Normative Instruction 3/2015. (XI. 30.) AJB of the Commissioner for Fundamental Rights on the professional rules and methods of his/her inquiries.
See SPT: Analytical assessment tool for national preventive mechanisms, (CAT/OP/1/Rev.1) Clause 26.
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