Office of the Commissioner for Fundamental Rights
National Preventive Mechanism

International relations

Subcommittee on Prevention of Torture

Based on Article 2 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to as the Protocol), a Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the Committee against Torture (hereinafter referred to as the Subcommittee on Prevention or SPT) shall be established. The Subcommittee on Prevention shall carry out its work within the framework of the Charter of the United Nations. The Subcommittee on Prevention and the States Parties shall cooperate in the implementation of the present Protocol.

Pursuant to Article 11 of the Protocol, the Subcommittee on Prevention shall visit the places of detention and make recommendations to States Parties concerning the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment. In regard to the national preventive mechanisms, it shall advise and assist States Parties, when necessary, in their establishment. The SPT maintains direct, and if necessary confidential, contact with the national preventive mechanisms and offers them training and technical assistance with a view to strengthening their capacities. The SPT shall make recommendations and observations to the States Parties with a view to strengthening the capacity and the mandate of the national preventive mechanisms for the prevention of torture and other cruel, inhuman or degrading treatment or punishment. In addition to these, the Subcommittee on Prevention shall cooperate, for the prevention of torture in general, with the relevant United Nations organs and mechanisms, as well as with the international, regional and national institutions or organizations working towards the strengthening of the protection of all persons against torture and other cruel, inhuman or degrading treatment or punishment.

The webpage of the SPT is available at https://www.ohchr.org/en/treaty-bodies/spt

The SPT visited Hungary between 21 and 30 March 2017. The SPT prepared a report on its visit, which contained recommendations to the National Preventive Mechanism.

The Commissioner for Fundamental Rights, in his capacity as National Preventive Mechanism, sent his responses to the observations set out in the report to the SPT.

Report of the SPT, Visit to Hungary undertaken 21 to 30 March 2017: observations and recommendations addressed to the national preventive mechanism

Response of the Commissioner for Fundamental Rights as National Preventive Mechanism to the observations and recommendations of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment made in the wake of its visit to Hungary undertaken 21 to 30 March 2017

For the fulfilment of the recommendations of the report of the SPT on its visit in 2017, the NPM organized an international workshop under the title ”Interview techniques with vulnerable groups” on 29-30 September 2021. The workshop was co-financed by the Special Fund indicated in Article 26 of the Protocol. At the same time, the event constituted the second meeting of the South-East Europe NPM Network in 2021.

Summary of the Workshop

Based on the results of the workshop, the NPM elaborated methodological leaflets on the interview techniques with regard the specific groups of detainees.

Foreigners and members of national and ethnic minorities

Persons with psycho-social disabilities

Children

LGBTIQ persons

South-East Europe NPM Network

On 26 March 2013, the South-East European national preventive mechanisms established a network in Belgrade, in order to fulfil the tasks defined in the Protocol through an exchange of experience and joint activity, in the framework of a fruitful cooperation.

The representatives of the NPMs from Albania, Croatia, North Macedonia, Montenegro, Slovenia and Serbia approved a cooperation agreement and elected the deputy ombudsman of Slovenia Mr. Ivan Šelih as Chairman of the South-East Europe NPM Network (hereinafter referred to as the Network) for a one-year definite term, and have set the initial goals of the organisation. At this meeting, among others, the representatives of the Council of Europe, SPT, CPT, APT, OHCHR, and OSCE were also present.

In October 2013, the Austrian Ombudsman Board also became a member of the Network, and later, Hungary, Bulgaria, Romania, Greece and Kosovo joined as well. The Network currently has 11 full members and 2 observers. The members of the Network discuss practical questions connected to the NPM’s visits. The Chairmanship of the Network is annually rotated by the members and two meetings are organized each year. Hungary fulfilled the Chairmanship of the Network in 2021.

The webpage of the Network is available at https://www.see-npm.net/