by the CPT, without being offered any outdoor exercise and without being able to
take a shower. The Committee recommends that the detention rooms in the former
garages are no longer to be used for overnight accommodation of families with
children and/or unaccompanied minors; and, in respect of any other detainee, that
they are used for no longer than 36 hours.
33. As regards immigration and asylum detention centres, material conditions
varied considerably from one establishment to another. In particular, a number of
serious shortcomings concerning material conditions are described in respect of
Nagyfa Prison Unit and Unit Kárpát 1 of Kiskunhalas Guarded Shelter, and the CPT
recommends that the Hungarian authorities carry out a complete overhaul of the
detention conditions in these establishments.
The CPT’s delegation gained a generally favourable impression of the regime offered
to foreign nationals at Békéscsaba Asylum Reception Centre. However, a number of
shortcomings are described as regards the other places visited and the Committee
recommends that the Hungarian authorities develop regime activities for foreign
nationals in all immigration and asylum detention centres, including outdoor exercise
for at least one hour (and preferably considerably more) per day.
The CPT is concerned that hardly any arrangements were in place to cater for the
needs of young children held with their families at the Békéscsaba Asylum Reception
Centre and at Unit Kárpát 2 of the Kiskunhalas Guarded Shelter. Further, several
husbands had apparently been separated by the authorities from the rest of their
families. The Committee considers that, as a matter of principle, the placement of
minors with their parents in a detention centre should only occur as a last resort,
and if, in exceptional circumstances, such placement cannot be avoided, its duration
should be as short as possible and children should be provided with appropriate
care. Every possible effort should be made to avoid separation of children from their
parents and splitting up the family.
34. Concerning fundamental safeguards against ill-treatment in the context of
police custody, complaints were received from foreign nationals about delays in
respect of the right of notification of custody to a third person, a lack of information
concerning the right of access to a lawyer, the inability to consult a lawyer before
being questioned by the police or before a court hearing and a lack of information
on the right of access to a doctor; there were also complaints regarding the quality
of interpretation services.
35. As regards safeguards to protect foreign nationals against refoulement, the
CPT expresses doubts, in view of the relevant legislative framework and its practical
operation, as to whether border asylum procedures are accompanied by appropriate
safeguards in practice, whether they provide a real opportunity for foreign nationals
to present their case and whether they involve an individual assessment of the risk
of ill-treatment in the case of removal.
36. In their response, the Hungarian authorities challenge the Committee’s findings,
including those concerning ill-treatment of detained persons, and explicitly reject
many of the recommendations made.
Report and response published in November 2016
(CPT/Inf(2016)27 and CPT/Inf(2016)28)
General Report of the CPT, 2016 ► Page 20
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