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5.2. Planning and preparing the visits
Pursuant to the Ombudsman Act, “the Commissioner for Fundamental Rights shall determine the rules and
methods of his/her inquiries in normative instructions.”68
All visits by the NPM in 2015 were carried out based on the professional rules and methods
stipulated in Directive 2/2012. (January 20) AJB of the Commissioner for Fundamental Rights.69
Places of detention were selected in accordance with the annual schedule of visits or in response
to an actual event. After having selected the place of detention to visit I appointed the head of
the visiting delegation and preparations were started.
The head of the delegation studied the conclusions and recommendations of the ombudsman’s
earlier reports on investigating the designated, or similar thereto, places of detention, and the
reports prepared by other national preventive mechanisms, international organizations, foreign
and domestic civil society organizations on their visits to places of detention. Complying with my
general duties in protecting fundamental rights, the visiting delegations also followed up on the
implementation of recommendations made in reports on earlier on-the-spot inspections.
In certain cases, upon the initiative of the heads of delegation, I also involved persons with
practical knowledge about the operation of a selected place of detention, i.e., experts by
experience, in the preparation of the visits. The reports by the experts by experience helped us
identify facts and circumstances conducive to ill-treatment. My Office handled the personal data
of the experts by experience, as well as the contents of their reports, confidentially.70
Visits were carried out on the basis of visiting plans drafted by the head of the visiting delegation
and approved by myself. In addition to the name of the selected place of detention, visiting plans
also contain the date and time of visit, and the names, qualifications and positions of the
members of the visiting delegation. I approved the inspection criteria together with the visiting
plan, as an annex thereto.
5.2.1. The composition of visiting delegations
Pursuant to Article 18, Paragraph 2 of the OPCAT, experts of the national preventive
mechanism shall have the required capabilities and professional knowledge.
When determining the visiting delegations’ composition, I tried to secure the gender balance and
multidisciplinarity of the group, and the involvement of an expert necessary for the protection of
national and ethnic minority rights.
In 2015, visits were conducted by groups of 4-8 people, appointed on the recommendation of the
heads of delegation. When determining the visiting delegations’ composition, I also took into
account, in addition to my colleagues’ professional qualifications, the size and capacity of the
places of detention, the gender composition and life expectancy of the persons deprived of their
liberty.
See Section 30 of the Ombudsman Act
See Directive 2/2012. (January 20) AJB on the professional rules and methods of investigations by the Commissioner for
Fundamental Rights
70 See Article 21, Paragraph 2 of the OPCAT
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