66
In my report, I requested the Minister of Justice to take the necessary measures so that the relevant
legal regulation allowed the FPMI to provide toiletries and other necessities without discrimination,
irrespective of the legal grounds of detention, even to detainees with no money deposit. The Minister
amended Decree 13/2014. (XII. 16.) IM on compulsory treatment, temporary compulsory treatment,
and the tasks of the Forensic Psychiatric and Mental Institution in accordance with my
recommendations.204
At the time of the visit, only 89 of the 178 positions were filled in the FPMI. The shortage of
professional staff was felt among the physicians, psychologists, and nurses, as well. The risk of burnout was high among the overworked staff members who had not received any training on international
human rights conventions incorporated into domestic law. I asked the Director General of the
Hungarian Prison Service and the Chief Medical Director to organize a training session for the entire
staff on the needs of patients living with impairments/disabilities, as well as the relevant provisions of
the UN Convention against Torture, the OPCAT, and the CRPD. In response to my recommendation
concerning training, the Chief Medical Director requested me to provide learning materials and
instructors for the recommended training sessions. In my response, I informed the Director General of
the Hungarian Prison Service and the Chief Medical Director that, although my Office does not have
the capacities for developing educational materials required for the comprehensive training of the
FPMI’s personnel, my colleagues are willing to participate in the training, on an ad hoc basis, as guest
lecturers. I suggested the Hungarian Prison Service Headquarters should use my reports, available on
the website of my Office, as well as the publications of my colleagues during the development of
training materials. I also pointed out that the member organizations of the CCB may be of assistance in
both developing teaching materials and providing instructors.
The visiting delegation experienced cases when the personnel demonstrated derogatory, disdainful
behavior towards the patients. I received contradictory information as regards the cases of abuse and
the proceedings initiated against the alleged abusers. In my report, I emphasized that the management
of the FPMI should do its best to prevent torture, inhuman and degrading treatment and punishment. I
pointed out that comments on the personnel’s part, referring to the detainees’ perceived or real racial,
religious, or ethnic background, as well as the physical abuse of the patients were unacceptable. I
requested the Chief Medical Director to warn the staff members that the physical abuse and verbal illtreatment of the patients were unacceptable and would have, in each and every case, adequate
consequences. The Chief Medical Director informed me that he laid emphasis on awareness-raising,
regularly monitored communication with the patients and its tone, and dealt severely, using all means,
initiating criminal proceedings, if necessary, against the perpetrators of such acts.
The patients did not know the patients’ rights representative; there were patients who did not know
who the representative was. I requested the Chief Medical Director to add to the house rules that the
residents are entitled to turn to the patients’ rights representative. He should ensure that the patients’
rights representative could ask questions of the patients and the members of the staff, conduct
consultations with them, as well as to provide the patients’ rights representative with a room required
for performing his/her tasks. In his response, the Chief Medical Director informed me that the house
As of January 1, 2018, the FPMI Decree was complemented with the following text:
“Section 33/A (1) Regular and sent-in patients shall be provided the conditions necessary for their daily wash and brush-up.
(2) Basic toiletries and other necessities specified in Annex 1 shall be provided to regular and sent-in patients with no money deposit.
(…)
Annex 1 to Decree 13/2014. (XII. 16.) IM
Basic toiletries and other necessities provided by the FPMI to regular and sent-in patients with no money deposit
1. soap
2. toothbrush, toothpaste, tooth mug
3. shampoo
4. comb (if requested)
5. toilet paper
6. shaving equipment
7. cotton wool, tampon, sanitary pad,”
204
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