89 Chapter III/A171 The proceedings and measures of the commissioner for fundamental rights within the framework of the national preventive mechanism172 Section 39/A173 – If the Commissioner for Fundamental Rights conducts proceedings in the performance of his/her tasks related to the national preventive mechanism pursuant to Article 3 (hereinafter referred to as ‘national preventive mechanism’) of the Optional Protocol of the Convention against Torture and other Inhuman or Degrading Treatment or Punishment (hereinafter referred to as ‘the Protocol’) promulgated by Act CXLIII of 2011, the provisions of chapter III shall apply to his/her proceedings with the derogations laid down in this chapter. Section 39/B174 – (1) In order to perform his/her tasks related to the national preventive mechanism, the Commissioner for Fundamental Rights shall regularly examine the treatment of persons deprived of their liberty and held at a place of detention specified in Article 4 of the Protocol–regardless of subsections (1) to (7) of Section 18–also in the absence of any petition or alleged impropriety. (2) In the course of his/her examination the Commissioner for Fundamental Rights may, in addition to those contained in subsection (1) of Section 21, request data, information and copies of documents from the authority under inquiry on the number and geographical location of places of detention and on the number of persons deprived of their liberty who are held there, on the treatment of these persons and on the conditions of their detention. (3) In the course of on-site inspections the Commissioner of Fundamental Rights may a) enter without any restriction the places of detention and other premises of the authority under inquiry, b) inspect without any restriction all documents concerning the number and geographical location of places of detention, the number of persons deprived of their liberty who are held there, on the treatment of these persons and on the conditions of their detention, and make extracts from or copies of these documents, c)175 hear any person present on the site, including the personnel of the authority under inspection and any person deprived of his/her liberty. d)176 (4) In the hearing pursuant to points c) and d) of subsection (3), apart from the Commissioner for Fundamental Rights and the person who is given a hearing, no other person may participate, unless the Commissioner for Fundamental Rights authorized his/her participation. Section 39/C177 – The Commissioner for Fundamental Rights shall each year prepare a comprehensive report on the performance of his/her tasks related to the national preventive mechanism which report shall be published on the website of the Office. Section 39/D178 – (1) In the performance of his/her tasks related to the national mechanism, the Commissioner for Fundamental Rights may act in person or by way of the members of his/her staff authorized by him/her to perform the tasks related to the national preventive mechanism. Staff members of the Commissioner for Fundamental Rights authorized by him/her to act shall have the rights pursuant to Sections 21, 22 and 26, as well as to subsection (1) of Section 27, and to Section 39/B, and the obligation for cooperation pursuant to Section 25 shall be complied with also in their respect. Enacted by Section 9 of Act CXLIII of 2011 Effective as of January 01, 2015 Enacted by Section 9 of Act CXLIII of 2011 Effective as of January 01, 2015 173 Enacted by Section 9 of Act CXLIII of 2011 Effective as of January 01, 2015 174 Enacted by Section 9 of Act CXLIII of 2011 Effective as of January 01, 2015 175 Shall enter into force with the text amended by Section 9, Subsection (2) of Act CCXXIII of 2013 176 Shall not enter into force by virtue of Section 9, Subsection (1) of Act CCXXIII of 2013 177 Enacted by Section 9 of Act CXLIII of 2011 Effective as of January 01, 2015 178 Enacted by Section 9 of Act CXLIII of 2011 Effective as of January 01, 2015 171 172