46 7. The primary aspect of investigation: segregation of persons deprived… 7.1. Experiences of the visits conducted in 2015 The detainees staying in the Debrecen Guarded Refugee Reception Center could be segregated90 for the reasons of health issues91 or disorderly conduct.92 The legal regulations prevailing at the time of the visit did not provide for the duration of the circumstances of segregation for the purpose of medical examination, an integral part of the reception process. While trouble-makers could be segregated as long as necessary, but not longer than 24 hours, the legislator did not specify who was entitled to order the segregation, decide on its length or the ways of its documentation. Although almost exclusively families with small children were detained in the institution, the law did not specify whether segregation for disorderly conduct should be applied to all detainees or only above a certain age, and what conditions of placement should be provided to the segregated person. At the time of the visit, no information could be obtained as to how to proceed if the segregated person is hungry, thirsty, cold, not feeling well or has to go to the restroom. The management of the Therapeutic House of Debrecen, a residential social care institution for psychiatric patients and persons with intellectual disabilities, claimed at the time of the visit that they did not apply segregation; however, upon inspecting their records it was learned that one of the residents had had to spend more than three weeks in the “observation room.”93 There were several adult cage beds in use in the institution, some of them with doors that could be opened only from the outside. In residential social care institutions94 for psychiatric patients,95 restrictive measures may only be taken if a resident demonstrates dangerous or immediately dangerous behavior.96 Restrictions may be maintained for a period, to an extent and in a form that is strictly necessary to ward off the danger.97 90 91 92 93 94 95 96 97 See Report AJB-366/2015. See Section 3, Subsection (1) of Minister of Interior Decree 29/2013 (VI. 28.) BM on the Rules of Implementing Asylum Detention and Asylum Bail. This provision was repealed, as of April 23, 2015, by Minister of Interior Decree 8/2015 (III. 24.) BM. See Section 7, Subsection (3) of Minister of Interior Decree 29/2013 (VI. 28.) BM. See Report AJB-372/2015. See Section 94/G of Act on Social Governance and Social Benefits (hereinafter the “Social Act”). By virtue of Section 188, Paragraph d) of Act CLIV of 1997 on Healthcare (hereinafter the “Healthcare Act”), a psychiatric patient is a patient who is diagnosed by the treating physician with mental and behavioral disorders (F00-F99) or intentional self-harm (X60-X84) under the International Classification of Diseases Rev. 10. According to Section 192, Subsection (1) of the Healthcare Act, restricting personal freedom in any manner whatsoever (by physical, chemical, biological or psychical means or procedure). Section 192, Subsection (1) of the Healthcare Act.