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. 43

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