9.3. Police custody
in one case, about the lack of food and something to drink. According to
the complaints about clothes inspection, the detainees had to take off their
clothes in the custody unit, drop their trousers and underwear, squat on their
heels and cough. As a result of that, the private parts and anuses of the detainees – squatting with their lower body uncovered – became visible to the
person conducting the inspection, and the detainees felt aggrieved by the
degrading and humiliating manner of inspection. In my report I drew attention to the fact that the objective of making the detainees squat on their heels
with their lower body uncovered was to find forbidden objects hidden not
in their clothes but on their body, between their legs, in their private parts,
or in their anuses. In the case of the complainants, the policemen conducting
the inspection acted in excess of their power regarding clothes inspection,
and they submitted the arrestees to a body search not applicable in the case
of persons taken into police custody, by which they violated the prohibition
of degrading treatment pursuant to Article III(1) of the Fundamental Law. I
asked the head of the MPHB to ensure that in the case of arrestees, the staff
members of the police departments under his supervision apply the rules of
clothes inspection rather than those of body search.
Pursuant to Articles 10 and 16 of the UN Convention Against Torture, each
State Party shall ensure that education and information regarding the prohibition against torture are fully included in the training of all personnel who
may be involved in the custody, interrogation or treatment of any individual
subjected to any form of arrest, detention or imprisonment. According to
the staff members of the Police Department, they had no training sessions
whatsoever on the treatment and human rights of detainees, or on conflict
and aggression management. They had monthly, four-hour training sessions
held by a tactical instructor on the use of means of restraint, securing a location, using collective force, and drugs. I suggested that the Metropolitan
Police Headquarters of Budapest should organize training sessions on the
treatment and human rights of detainees, managing conflicts and aggression
for the staff of the Police Departments under his supervision.
9.3.3. Holding Facility of the Fejér County Police Headquarters170
At the time of the NPM’s visit to the Holding Facility of the Fejér County Police Headquarters (hereinafter the “Holding Facility”), the establishment had
34 places, and 7 male detainees. The utilisation rate of the Holding Facility
was 21%. Of the seven detainees, four were in pre-trial detention, and three
were in criminal custody. There were no juveniles or persons with disabilities
among the detainees.
170
Report No. AJB-510/2018.
79
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