65 On January 17, 2017, the Ministry of Justice convened a consultation on the methods of body search in the penitentiary system and on implementing the NPM’s recommendations. During the consultation held in the building of the Ministry of Justice, in addition to my colleagues authorized to perform tasks related to the NPM, the representatives of the Ministry of Interior, the Ministry of Human Capacities, the Hungarian Prison Service Headquarters, and the Office of the Prosecutor General explained their positions. As a result, the representative of the Ministry of Justice promised that the Ministry would propose the amendment of the Prison Code’s concept of body search, and consider the regulation of the methods of inspecting “private parts.” The provisions of the Prison Code were amended as follows: 201 Text of the Prison Code before the amendment after the amendment Section 151 – Convicts may be frisked, and Section 151 – Frisking means the search of the their clothes may be searched only by a person convicts’ body and clothes, and the of the same sex, with the exception of a examination of their personal items. Frisking physician assisting the search or when the may be conducted only by a person of the search is done using a technical device. same sex, with the exception of a physician and healthcare personnel assisting the frisking or when the search of clothes is done using a technical device. Minister of Justice Decree 16/2014. (XII. 19.) IM was complemented by the Minister of Justice in accordance with the NPM’s recommendation. Pursuant to Section 59(3), “orifices of the lower body may be inspected only by a physician or the healthcare personnel.” 202 9.4. Visit to the Forensic Psychiatric and Mental Institution The FPMI is a specific healthcare institution combining, in a unique way, classical psychiatric care with the tasks of the penitentiary system. The visiting delegation inspected the FPMI between February 16 and 18, 2017. At the time of the visit, there were 215 patients in the institution, which meant a 69.1% utilization rate.203 The rooms in the FPMI were, in general, large. Among those in use, some were even larger than 60 square meters; 15-16 patient were treated in them. The rooms were typically overcrowded. The number of barrier-free showers and restrooms in the institution was insufficient, there were mold growths on the showers’ walls, and the hot water supply did not work properly, either. The lack of proper accessibility restricted some of the patients in conducting leisure activities. In connection with my recommendations regarding the physical conditions of the premises, I was informed by the Director General of the Hungarian Prison Service and the Chief Medical Director of the FPMI that they would be taken into consideration during the general renovation of the institution planned for 2017 and 2018. In connection with transforming the large, 60 m2 plus rooms into smaller ones, they pointed out that it would only be possible while maintaining current capacity if some other premises were transformed into hospital rooms, which was not feasible under the circumstances. In my response, I repeatedly called the attention of the Director General of the Hungarian Prison Service and the Chief Medical Director to the fact that large hospital rooms were not in accordance with the standards of modern psychiatry, and that placing patients in smaller groups was of key importance for preserving or restoring the patients’ dignity, as well as for their psychological and social rehabilitation. Section 15 of Act XXIX of 2017 on the amendment of certain criminal legal regulations Effective as of April 19, 2017 Section 40 of Minister of Justice Decree 22/2017. (XII. 22.) IM on amending certain criminal and penitentiary legal ministerial decrees and the related judicial ministerial decrees Effective as of January 1, 2018 203 See also in section 8.2.1 above 201 202