6.7. The relationships of persons deprived of their liberty with each other…
Visiting delegations inquire about the relationship between persons
deprived of their liberty sharing the same facilities, paying special attention
to gathering information indicative of violence among detainees.
“Mixed gender staffing is another safeguard against ill-treatment in places
of detention.”83 Since persons deprived of their liberty should only be
searched by staff of the same gender and any search which requires an
inmate to undress should be conducted out of the sight of custodial staff
of the opposite gender,84 my colleagues examine the gender composition
of the persons deprived of their liberty, guards, nurses etc. in the course
of each and every visit.
The experience of the on-the-spot inspections, conducted during
the ombudsman institution’s 20 years of operation, shows that if staff
members of a place of detention are frustrated in the hierarchical structure, continuously dissatisfied with their working environment or the
conditions of their work, they may vent the tension deriving therefrom
on their subordinates, or the persons deprived of their liberty. In order
to identify or prevent such situations, my colleagues examine whether
the staff members of a given place of detention have the qualifications
required to perform their tasks, and how accessible and efficient are the
training programs and supervision, necessary for high-quality work.
When inspecting the facilities, furnishing, and equipment of places of
detention, the visiting delegations also inspect the facilities used exclusively by the personnel, i.e., the locker and shower rooms, diners, recreational areas, and restroom.
6.8.
Complaints mechanism
In Hungary, everyone “shall have the right to submit, either individually or
jointly with others, written applications, complaints or proposals to any organ
exercising public power.”85
With a view to Article 4, Paragraph (2) of the OPCAT, stipulating that
deprivation of liberty means any form of detention or imprisonment or
the placement of a person in a public or private custodial setting which
that person is “not permitted to leave at will by order of any judicial, administrative or other authority,” I consider places of detention as organs exercising public power.
83
84
85
See CPT/Inf (99) 12, Clause 26.
See CPT/Inf (2000) 13, Clause 23.
See Article XXV of the Fundamental Law.
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