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6. Focal points of the visits conducted within the powers of the NPM
dissatisfied with the circumstances and/or conditions of their work, may vent
their frustration on their subordinates or on persons deprived of their liberty, being otherwise at their mercy. In order to recognize and/or prevent
such situations, my colleagues examine whether the staff members of the
given place of detention have the proper skills and if they have access to professional training necessary for the prevention of ill-treatment,102 and how
accessible and efficient supervision is. When examining the premises, furnishing, and equipment of the places of detention, the visiting delegations
also inspect the rooms designated for the personnel, including locker rooms,
bathrooms, dining rooms, recreational rooms and restrooms.
6.9.
Complaints mechanism
In Hungary, everyone has “the right to submit, either individually or jointly
with others, written applications, complaints or proposals to any organ exercising
public power”.103
Keeping in mind Article 4.2 of the OPCAT, stipulating that deprivation of
liberty means any form of detention or imprisonment or the placement of
a person in a public or private custodial setting which that person is “not
permitted to leave at will by order of any judicial, administrative or other authority”,
I consider places of detention as organs exercising public power.
One of the most efficient ways of eliminating or preventing ill-treatment
is if the personnel of the place of detention learns about the placementor treatment-related grievances of the persons deprived of their liberty as
soon as possible, investigates those grievances within a reasonable period
of time, and takes the measures necessary to remedy them.104
Considering the vulnerable situation of persons deprived of their liberty
and their worries about possible sanctions, I expect the places of detention to
provide the opportunity to submit anonymous petitions. At every place of
detention, my colleagues examine the ways in which the persons deprived
of their liberty may lodge their complaints, the way the personnel registers
those complaints, and the means by which the complaints are inquired into
and the complainants are informed of the results.
102
103
104
See also Articles 10 and 16 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, promulgated by Law-decree 3 of 1988.
See Article XXV of the Fundamental Law.
See also Articles 13 and 16 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, promulgated by Law-decree 3 of 1988.
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