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To perform the tasks falling under my general activities aimed at protecting fundamental rights,
my Office employs civil servants mainly with law degrees. When it was necessary, lawyers
working in other organizational units of my Office, possessing professional knowledge necessary
for the successful inspection of a given place of detention, also participated in the inspections. In
addition to lawyers, experts with degrees in medicine, psychology and education participated in
the inspections carried out by the NPM in 2015; we also used translators for interviewing
foreigners who did not speak languages spoken by my colleagues.
5.3. The conduct of visits
5.3.1. Proof of authorization to proceed
In my capacity of Commissioner for Fundamental Rights, I may proceed as NPM without any
restriction. My colleagues entitled to proceed within the frameworks of my general activities
aimed at protecting fundamental rights, including those participating in performing the tasks of
the NPM, possess an official inspection document with picture, in the form of a card, with the
inscription “Office of the Commissioner for Fundamental Rights”, a serial number, and the
bearer’s name and position. Upon arriving at a place of detention, members of the visiting
delegation introduce themselves and the purpose of the visit, show their inspection documents
and hand over the commission letter signed by me, attesting to their entitlement to proceed in
order to perform the tasks of the NPM.
The commission letter also contains the names of external experts, e.g., physicians, interpreters,
participating in the inspection of the given place of detention, and their authorization to proceed.
By virtue of Section 39/D, Subsection (1) of the Ombudsman Act, when I act not in person, but
by way of my authorized colleagues, the latter are also entitled, when performing the tasks of the
NPM, to the rights stipulated in Section 21 of the Ombudsman Act.
5.3.2. Inspection of a place of detention
By virtue of Section 39/B, Subsection (3), Paragraph a) of the Ombudsman Act, the NPM may
“enter without any restriction the places of detention and other premises of the authority under inquiry”.
In the course of the visits, my colleagues
checked their furnishing and equipment,
treatment and conditions of the persons
documents and, among others, monitored
liberty.
inspected the premises of the places of detention,
inspected the documents related to the number,
deprived of their liberty, made copies of certain
the joint activities of the persons deprived of their
My colleagues took snapshots during the inspections and took measurements of the sizes and
temperatures of the facilities where the persons deprived of their liberty had been placed. In
order to prevent the ill-treatment of persons deprived of their liberty, at the places of detention
my colleagues also inspected those facilities that were unoccupied during the time of the visit.
5.3.3. Interviews
In accordance with Section 39/B, Subsection (3), Paragraph c) of the Ombudsman Act, the NPM
may hear “any person present on the site, including the personnel of the authority under inspection and any person
deprived of his/her liberty”.
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