Guidebook
WAYS TO PROMOTE CHANGE
Some NHRIs can also lodge an appeal requesting an authentic interpretation to the competent authority (i.e. either the Constitutional Court or
the Supreme Court). The instrument may be particularly useful to solve
divergences of interpretation on specific legal provisions.312 Our research,
however, did not reveal any case in which this tool was used in the context
of the rights of suspects and accused.
Austria
3.3.
More specifically, NHRIs can conduct thematic research into a systemic
human rights problem. This was for example done by the Hungarian NHRI.
Research and inquiries
PARIS PRINCIPLES
Hungary
(3)(a)(iii) The preparation of reports on the national situation with
regard to human rights in general, and on more specific matters;
In 2012 the Hungarian NHRI conducted a thematic research focusing on
the right of access to a lawyer.320 The investigation covered a number of
specific aspects of this right, such as the legal aid system, the training
system, disciplinary procedures against defence lawyers, or the circumstances of consultation between clients and lawyers.321 In this framework, interviews were conducted with representatives of the Hungarian
and regional Bar Associations, the Ministry of Public Administration
and Justice, the Chief Prosecutor’s Office, the National Police Headquarters, the National Penitentiary Headquarters and the Hungarian Helsinki Committee.322 The findings shed light on various concerns, such as
the failure of the investigative authorities to duly and promptly notify
defence lawyers about the interrogation that prevented proper consultation with the client before the interrogation.323 Years later in 2017 relevant provisions were enacted to guarantee the enforcement of these
rights, and the reports issued by the Ombudsperson provided useful information sources to the Codification Committee.324
The Paris Principles urges NHRIs to prepare reports on the national situation and also other domestic human rights bodies under a specialised
mandate could conduct research and inquiries.313 However, research by
NHRIs specifically in the context of procedural rights is scarce. Only the
Polish NHRI has indicated to have conducted research on all the procedural
rights in analysis,314 e.g., the procedural rights of suspects and accused
in the field of the right of access to a lawyer, legal aid315 and persons suspected and accused with psychosocial and/or intellectual disabilities.316
Although research and inquiries are not done on regular basis in the context of procedural rights, some examples can be named nevertheless.
Estonia
The Estonian NHRI, together with an inter-organisational team,317 has
composed guidelines for children, young people and parents about their
rights and duties in communicating with the police.318
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In Austria, a specific multi-disciplinary team under the auspices of the
Austrian NHRI is currently advocating and researching on the topic of
medical examination and quality of expert opinions in the context of the
rights of persons with psychosocial and/or intellectual disabilities.319
In addition to this positive development, the thematic investigation of
2012 impacted the system of appointment of defence counsels. One of
the major findings of the investigation was that defence counsels should
not be appointed by the proceeding authorities and this goal has been
achieved.325
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