17
3. Staff members participating in the performance of the tasks of the NPM
3.1. Public servants in the Office of the Commissioner for Fundamental Rights
By virtue of Article 18, Paragraph 2 of the OPCAT, the States Parties “shall take the necessary
measures to ensure that the experts of the national preventive mechanism have the required capabilities and
professional knowledge. They shall strive for a gender balance and the adequate representation of ethnic and
minority groups in the country.”
When performing the tasks of the NPM, I may proceed either personally, or through the
authorized staff members of my Office. The investigative powers of the NPM53 are also granted
to my colleagues proceeding under my authorization; furthermore, the authorities concerned and
their heads, in accordance with Section 25 of the Ombudsman Act, are obliged to cooperate with
them as well. 54
From among the public servants of my Office, I have to authorize, on permanent basis, at least
eleven people to perform the tasks of the NPM. The “authorized public servant staff members shall be
experts with a graduate degree and have an outstanding knowledge in the field of the treatment of persons deprived
of their liberty or have at least five years of professional experience.” Among them, “there shall be at least one
person recommended by the Deputy Commissioner responsible for the protection of the rights of nationalities living
in Hungary and at least two persons each with a degree in law, medicine and psychology respectively. Among the
authorized public servant staff members, the number of the representatives of either sex may exceed that of the other
by one at the most.”55
The OPCAT NPM Department (hereinafter the “Department”) started its operation on January
1, 2015, with four lawyers and two psychologists. The Department’s gender composition
complies with the stipulations of the Ombudsman Act. By April 2015 two more people had been
added to the staff of the Department; however, due to the lack of applicants, the positions of
physicians could not be filled. During the most part of 2015, the Department performed its tasks
with eight staff members instead of eleven.
Staff members of the Department (from left to right): senior advisers Gábor Izsák, Krisztina Izsó, Sándor Gurbai,
Deputy Head of Department Katalin Haraszti, Head of Department Gergely Fliegauf, senior advisers Judit Zeller,
István Sárközy and Rita Rostás
See Sections 21, 22, 26 and Section 27, Subsections (1) and (2) of the Ombudsman Act
See Section 39/D, Subsection (1) of the Ombudsman Act
55 See Section 39/D, Subsection (3) of the Ombudsman Act
53
54
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents