Ombudsman Takes Stand in Relation to His Visit to the Szombathely National Prison

At the Szombathely National Prison, the elderly and chronically ill detainees, belonging to the high-risk group for COVID–19 infection, were placed on one floor, separately from other detainees, for the purpose of their protection, and the time spent outdoors with physical activities was increased by one hour per day, taking advantage of the characteristics of the facility, Ombudsman Dr. Ákos Kozma concluded. All these measures were qualified as good practices by the OPCAT National Preventive Mechanism.

National Assembly Adopts Report of the Commissioner for Fundamental Rights and His Deputies on Their Activities in 2019

The National Assembly adopted Report No. B/8769 on the activities of the Commissioner for Fundamental Rights and his Deputies in 2019, which had been discussed by the Parliament earlier on 4 and 30 November 2020. At that time, Ombudsman Dr. Ákos Kozma asked for cooperation in his afterword: “Honourable Parliament, let us work together as partners. Let us join forces in order to preserve the dignity of the ombudsman institution on the level that it is meant to occupy within the architecture of the rule of law. This cooperation rests on two pillars: on the one hand, the Ombudsman’s recommendations should be heeded, and on the other, no one should expect the Ombudsman to resolve daily political debates.”

Ombudsman Takes Stand in Relation to a Protracted Proceeding Concerning the Temporary Placement of a Child

The proceedings of the guardianship office of first instance and that of second instance, along with the latter’s interpretation of the law – which caused an impropriety related to the right to fair administration of official matters – violated the requirement of legal certainty and the principle of the best interests of the child. By their effects, they were also liable to cause an impropriety related to the child’s right to protection and care, as well as to pose an imminent danger thereto, Ombudsman Dr. Ákos Kozma concluded.

Commissioner for Fundamental Rights Takes Stand in Relation to the Handling of a Public Interest Disclosure

The Ministry of Finance caused an impropriety related to the principle of legal certainty, the right to fair administration of official matters and the right to petition in the course of handling a public interest disclosure that was received through the protected electronic system, the Ombudsman concluded. Dr. Ákos Kozma requested that the Minister of Finance take measures in order to prevent the future occurrence of the fundamental rights-related improprieties exposed.

Ombudsman Takes Stand in Relation to a Practice on Handling Public Interest Disclosures

By failing to fulfil its obligation to provide information, the 14th District Police Department caused an impropriety related to the requirement of legal certainty deriving from the principle of the rule of law, the right to fair administration of official matters and the right to petition when it failed to respond to the whistleblower through the protected electronic system, Dr. Ákos Kozma concluded in his report. The Commissioner for Fundamental Rights requested the head of the Police Department concerned to take measures in the given case in order to upload the necessary information to be provided for the whistleblower into the electronic system, as well as to prevent the future occurrence of the fundamental rights-related improprieties exposed by paying particular attention to ensuring full compliance with the relevant provisions when handling public interest disclosures.

Commissioner for Fundamental Rights Takes Stand in Relation to a Protracted Proceeding Concerning School Change

A protracted proceeding of the guardianship office of second instance concerning the school change of children caused an impropriety related to the right to fair administration of official matters. It violated the requirement of legal certainty and the principle of the best interests of the child, and, by its effects, it was also capable of causing an impropriety related to the children’s right to protection and care, as well as of posing an imminent danger thereto, Commissioner for Fundamental Rights Dr. Ákos Kozma concluded.

Responsibilities of the Equal Treatment Authority Are Taken Over by the Commissioner for Fundamental Rights

According to the provisions set out in Act CXXVII of 2020 adopted by the National Assembly, as of 1 January 2021, the responsibilities of the Equal Treatment Authority are taken over by the Commissioner for Fundamental Rights. In cases concerning equal treatment and the promotion of equal opportunities, the Ombudsman will proceed within the framework of administrative authority procedures, in accordance with the relevant procedural rules. Clients can turn to the Commissioner for Fundamental Rights in these matters in the usual ways.

Ombudsman Takes Stand in Relation to His Visit Paid to the Guarded Refugee Reception Centre of Szabolcs-Szatmár-Bereg County Police Headquarters

At the Guarded Refugee Reception Centre of the Szabolcs-Szatmár-Bereg County Police Headquarters, the unit appropriate for quarantining and isolating infected persons, which had been set up for detainees, was able to ensure proper placement for those affected throughout the pandemic. At the same time, Ombudsman Dr. Ákos Kozma found that the fact that detainees affected by health problems were not examined by a physician caused an impropriety related to the right to physical health. Moreover, due to the uncertainty of the outcome of the proceedings conducted by the aliens policing authority, and to their isolation from their families, the detainees were in poor psychological condition, which led to an impropriety related to their right to mental health.

Commissioner for Fundamental Rights Takes Stand in Connection with Measures Taken by Tamási Police Department

In response to the challenges of the health crisis, the management of the Tamási Police Department satisfied the requirements aimed at the protection of both the detainees and the staff in the facilities affected by the execution of police apprehension, and adequately ensured the conditions that guarantee the enforcement of the detainees’ rights even under the circumstances of the health crisis, concluded Commissioner for Fundamental Rights Dr. Ákos Kozma.

Commissioner and Ombudsman for Future Generations Take Stand in Relation to Proceedings Launched Due to Noise Complaint

Such proceedings in which the authority acts without applying the available official instruments and the discovery process, and without sanctioning the omission cause an impropriety related to the rule of law, and to the right to fair authority proceedings and to a healthy environment, as was concluded by the Commissioner for Fundamental Rights and his Deputy Commissioner responsible for the protection of the interests of future generations.