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9. Persons deprived of their liberty at the places of detention visited by the NPM
fasteners) and by ordering the wearing of clothes that would prevent the
detainee from hiding forbidden objects or causing self-harm. By way of the
Prosecutor General, I asked the competent prosecutor to examine – bearing
in mind the enforcement of rights promoting lawful treatment and respect
for human dignity153 – the use of the security ward and the joint deployment of the other security measures.154
The staff exceeded its powers and committed a fundamental-rights-related impropriety while checking the detainees’ visitors during the inspection
of their clothes upon entry. Women, for instance, were asked to loosen their
outerwear, their underwear was also inspected, and children had to open
their mouth. There were several cases when visitors felt so humiliated by
the manner of the entry procedure that they no longer came to visit the detainees. I asked the warden to take action to ensure that the guards conduct
the entry procedure and inspection of visitors in compliance with both the
regulations in force155 and in consideration of their human dignity.
The heavy workload of the medical personnel had an impact on the care
provided for the detainees. The head of the health department would have
deemed it necessary to employ an additional full-time physician, as well as a
nurse. The number of detainees per psychologist was extremely high despite
the fact that the Prison had been employing two psychologists from September 2016. It was especially worrisome that detainees suffering from asthma
could not keep their asthma inhaler with them in their cells. I asked the warden to remedy the circumstances that were causing concern. I also initiated
that, with a view to increasing the number of the medical personnel of the
health department and of psychologists, the Director General of the Hungarian Prison Service consider hiring additional staff members for the Prison.
Self-harm committed by one of the detainees during the visit shed light
on a systemic problem. Reviewing the rules regarding single placement and
isolation revealed that prior to the application of these types of placement,
the mental and physical condition of the detainees was not examined at all.
In certain cases, doubts arose as to the proper assessment of the detainees’
mental condition. I requested that the Minister of Justice inquire into the
relevant regulations with the assistance of the Minister of Interior, and take
action with a view to the creation and efficient implementation of govern153
154
155
Pursuant to Section 54(1) of the Decree of the Minister of Justice No. 16/2014. (XII.19.), “during the application of the mobility limitation device, special attention shall be paid to ensuring lawful
treatment and respect for human dignity”.
Pursuant to Section 145(3) of the Prison Code, “several security measures may be applied if the
circumstances so require”.
Pursuant to Section 14(3) of Act CVII of 1995 on the Prison Service, “In order to prevent that
objects endangering the order and security of the penitentiary organ – specified in a separate act – are
taken inside the facility, the clothing and baggage of the person wishing to enter may be inspected.”
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