3.2. The meetings of the CCB
Medium Regime Prison, and if in the event of such hindrance, it was possible to visit the institution once again.
The Head of Department said that the visiting delegation did not see the
operational team at work, but none of the detainees objected to them. The
visiting delegation examined the use of the security isolation ward; what
is more, he spoke to a detainee who was held there at the time of the visit.
The members of the visiting delegation recorded the information gained
during the interviews in subreports, checked the operation of the cameras,
analysed their footage, and took pictures. One of the pictures taken on site
is included in the annex of the report. The visiting delegation has to make
sure that no one is put at a disadvantage as a result of the on-site inspection,
thus the observations of the visiting delegation must be written down in
the reports with great care. In this specific case, the tattoos of the detainee
shown in the picture (in the annex of the report) were obscured in order
to prevent his identification. Although the visiting delegation did not notice any anomalies regarding the functioning of the cameras, video surveillance is prohibited in certain facilities (e.g. showers, lavatories), which are,
nonetheless, crucial with a view to the prevention of ill-treatment. The staff
members of the Department will strive to emphasize the circumstances of
camera use even more in their reports in the future.
The visiting delegation encountered no hindrance in their activities in
Márianosztra. One of the reasons for that is that penitentiary organs are
aware of their obligation to cooperate with the visiting delegation during the
visit of the National Preventive Mechanism. On the other hand, it is possible that the head of institution appointed after the visit of the Hungarian
Helsinki Committee had a different attitude than the earlier chief officer. The
NPM, too, has recourse to that method: if it is unable to carry out its tasks fully while visiting a certain place of detention, it returns to complete it at a later,
unannounced date. This was the case, for instance, with Cseppkô Children’s
Home. It is an integral part of the NPM’s practice to request further information in writing if necessary.
The Deputy Head of Department stressed that the NPM’s report is based
mostly on interviews made on site. The document contains the information
shared by the interviewees with the members of the visiting delegation.
Pursuant to Article 20 of OPCAT, places of detention are obliged to provide
unrestricted access to their facilities and rooms for the NPM. The reports refer to the abovementioned issue only if a particular place of detention does
not meet this obligation or meets it only with a delay. The visiting delegation
was able to access the Márianosztra Strict and Medium Regime Prison without delay, and was allowed to move in its premises without restriction.
In penitentiary institutions, the legality of treatment is reviewed by the
Prosecution Service, and this competence must also be respected by the
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