9.2. Detainees in penal institutions
ing provisions on the assessment of mental and physical condition prior to
single placement or isolation.
In connection with the treatment provided to sexual criminals, I uncovered
that the scope of criminal acts specified as the condition for participation is different for convicts and those held in pre-trial detention.156 I asked the Minister
of Justice to review, in cooperation with the Minister of Interior, the relevant
legislation and take action in order to terminate inappropriate variances.
In connection with the legal background of the nutrition of detainees,
I pointed out that no decrees had been issued on the detailed rules of the nutrition of detainees that I had already initiated in a previous report of mine.157
I asked the Minister of Human Capacities to inquire into – with the involvement of the Minister of Interior and the Minister of Justice – the relevant
rules, and take action with a view to drafting the provisions in accordance
with Section 247(2)sz) of Act CLIV of 1997 on Healthcare.158
The Prison did not ensure the adequate involvement of illiterate detainees in education, and several detainees complained that there were no
opportunities to take part in organised leisure time programmes, either.
I underlined the importance of the factors that may mitigate the effects of
overcrowdedness and poor detention conditions, especially to providing
detainees with a possibility to spend part of their days working, studying,
and attending trainings outside their cells. I asked the warden to take the
necessary measures to ensure the involvement of the detainees in education and labour programmes outside their cells.
Concerning the work of the detainees, the occasional lack of protective
equipment and the condition of sanitary units and dining rooms also gave
reason for concern. I asked the executive manager of Bv. Holding Kft. as the
156
157
158
According to the legislation in force at the time of the visit: Section 132 of the Prison Code:
“If the convicted person has committed a criminal offence specified in Chapter XIX of the Penal Code
against a person under eighteen years of age, or the sexual motive can be established from the circumstances in which the violent crime was committed against a victim under eighteen based on a risk
assessment examination, then following the admission of the convicted person, the probability of the
convict committing similar crimes after his or her release must be assessed. In case of potential recidivism, participation (on a voluntary basis) in psychotherapy or other trainings reducing the likelihood
of repeated infringement must be offered to the convict.” Section 394(2) of the Prison Code: “If criminal
proceedings were instituted against a pre-trial detainee for a criminal offence under Chapter XIX of
the Penal Code, participation (on a voluntary basis) in appropriate psychotherapy or other trainings
reducing the likelihood of repeated infringement must be offered to the pre-trial detainee.”
In this matter, I had turned to the Minister of Human Capacities in my Report No. 793/2017
on the NPM’s visit to the National Prison of Szombathely. I present the details of the dialogue related to the recommendation in Point 9 of the comprehensive report.
The Minister should establish the nutritional provisions regarding food supplied in the
framework of organised catering and regular meals, as well as the personal requirements for
catering, diet planning and the preparation of dietetic food, and the rules of official control.
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