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he wanted to eat upon his arrival at the Police Department. He also had to state if he had any special
requirements in connection with his health condition, diet, or religious belief. Since he was very
distressed in this–unusual to him–situation, he gave a negative answer. He told the visiting delegation
that the policemen had listened to all of his questions and given him substantive answers. He had no
complaint whatsoever about his arrest, conditions of custody, treatment, or the policemen’s behavior.
Between October 1 and December 6, 2016, arrestees lodged complaints with the Police Department
about the conditions of their placement on six occasions. In four cases, they complained about the
degrading stripping in the custody room; in the other two cases, they complained about the unjustified
arrest and its duration, as well as about the lack of food and something to drink. According to the
complaints about stripping, after their arrest, the detainees, one by one, had to take off their clothes,
drop their pants, squat on their heels and cough, as a result of which their private parts and anuses
would become visible to the person conducting the inspection. They felt aggrieved at this situation they
found degrading and humiliating. It is clear that the objective of making the naked complainants squat
on their heels was to find objects hidden not in their clothes but on their body, between their legs, in
their private parts, or in their anuses; the policemen conducting the inspection acted in excess of their
power, they submitted the arrestees to a body search not applicable in the case of persons taken into
police custody. Searching not only the clothes of the arrestees but also their uncovered bodies,
including their private parts and anuses,174 the staff members of the Police Department conducting the
inspection applied the much stricter rules of lock-up reception175 instead of the rules of taking into
custody. 176 The method of executing a measure with no legal foundation, especially making the
complainants squat on their heels with their lower body uncovered, induced shame in the persons
concerned, resulting in an impropriety related to the prohibition of degrading treatment and the right to
personal security.
Pursuant to Articles 10 and 16 of the UN Convention against Torture, each State Party shall ensure
that education and information regarding the prohibition against torture are fully included in the
training of all personnel who may be involved in the custody, interrogation or treatment of any
individual subjected to any form of arrest, detention or imprisonment. According to the staff members
of the Police Department, they had no training sessions whatsoever on the treatment and human rights
of detainees, managing conflicts and aggression. They had monthly, four-hour training sessions held by
a tactical instructor on the application of means of restraint, securing a location, using collective force,
and narcotic drugs.
In my report, I requested the Commander of the Metropolitan Police Headquarters of Budapest to
ensure that persons taken into custody by the staff of the Police Departments under his supervision
could notify themselves their relatives and that the rules of lock-up reception should not be applied in
their cases. I also suggested that the Metropolitan Police Headquarters of Budapest should organize
training sessions on the treatment and human rights of detainees, managing conflicts and aggression for
the staff of the Police Departments under his supervision.177
I elaborated on my concerns about inspecting body cavities making the subject squat in my report № AJB-3685/2016
See Section 18 Subsections (4)-(6) of the Police Act
176 See Section 31(7) of the Staff Regulations
177 The report is registered in my Office under file number AJB-1522/2018
174
175
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