8.3. The facts of the case and the findings danger thereof.129 Among the findings, I also pointed out those facts and circumstances that, at certain places of detention, resulted in the staff ’s delayed compliance or failure to comply with their obligation to cooperate, stipulated in Section 25, Subsection (1) of the Ombudsman Act. In my report on the inspection of the Central Holding Facility of the Budapest Metropolitan Police Headquarters, in addition to mentioning that the delegation could begin the visit only after a 30-minute delay, I also reminded the Chief of the National Police Headquarters of the fact that in 2014, when preparing for the performance of the tasks of the National Preventive Mechanism, I had warned him that the police organs concerned would be notified of the inspection only on the spot, upon starting.130 I pointed out that my colleagues authorized to perform the tasks of the NPM attest to their entitlement to proceed when starting the inspection, on the one hand through presenting their Office ID Cards and, on the other hand, handing over a letter of authorization signed by me. Upon receiving my letter, the Chief of the National Police Headquarters issued Order 42/2014. (XII. 18.) ORFK regulating the police chiefs’ obligations in connection with the inspections conducted in the frameworks of performing the tasks of the National Preventive Mechanism.131 In my report on the visit to the Cseppkõ Children’s Home, in addition to describing how the staff members of the institution prevented the members of the visiting delegation from interviewing the children, I also explained in details why holding those interviews was necessary.132 Among the report’s findings, it has to be explained if the uncovered, fundamental-right-related impropriety is the result of the incorrect interpretation of the law, or it derives from an unnecessary, unclear or inadequate legal regulation or the absence or deficiency of the given issue’s legal regulation.133 By virtue of Article 16 of the UN Convention, the State has to “undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined 129 129 130 131 132 133 See Section 33, 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 Report AJB-151/2016. See Clauses 10/A–10/D, effective as of January 01, 2015, of Order 29/2013. (VII. 5.) ORFK on the proceedings related to inspections conducted by the Commissioner for Fundamental Rights and his Deputies and the National Authority for Data Protection and Freedom of Information. See Report AJB-1603/2016. See also Article 11 of the international convention against torture and other cruel, inhuman or degrading treatment or punishment, promulgated by Law-decree 3 of 1988. 55

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