10.3. The authorities’ responses to the major measures taken by the NPM should be ensured from the first moment of the deprivation of liberty232 but in the report on the implementation of apprehension, it was not mentioned that the police patrol had informed the apprehended person on this right of his, or that they ensured the conditions thereof, so I maintained my recommendation in this respect. I was informed by the National Police Headquarters that during a police measure, in lack of a communication device and information on the threats to the effectiveness of the procedure, the police patrol is not in the position to allow such notification, or fulfil the notification obligation at the site of taking the police measure. As long as the duration of the police measure increases due to notification on the site, on the one hand, this would increase the risk of the occurrence of an extraordinary event, on the other hand, this may be contrary to the interests of the person subjected to the police measure. The fulfilment of the requirement of notification without delay, which is specified in the CPT recommendations, can be expected from the Police in the form of notification without unjustified delay, and in the view of the National Police Headquarters, currently there is no such normative provision related to the notification obligation in effect, whose effect extends to the Police as well, which would be contrary to the practice applied by the Police. I called the attention of the head of the National Police Headquarters to that the provisions on the right to notification set out in Section 18 of the Police Act also list the circumstances that allow the restriction of this right. Pursuant to Section 18(1) of the Police Act, the detainee cannot exercise this right to the extent that this threatens the fulfilment of the objective of the measure. Pursuant to Section 18(3) of the Police Act, a detainee can be restricted in exercising his rights “to the extent that this serves the prevention of escape or hiding, that of changing or annihilating physical evidence, the prevention of committing a new crime, or the security of guarding and the maintenance of the order of the holding facility.” The existence of these circumstances should be examined individually in each case and in lack of these, the right of notifying relatives or third persons should be ensured for the detainee from the first moment of the deprivation of liberty. The National Assembly amended Section 18(1) of the Police Act with effect from January 1, 2019. In accordance with the amendment of the law, the obligation to notify the person 232 CPT: Report to the Hungarian Government on the visit to Hungary carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 5 to 16 December 1999 [CPT/Inf (2001) 2], Sections 23 and 30; CPT: Report to the Hungarian Government on the visit to Hungary carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 3 to 12 April 2013 [CPT/Inf (2014) 13], Section 22. 113

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