38
In the view of the CPT, “all juveniles deprived of their liberty because they are accused or convicted of criminal
offences ought to be held in detention centers specifically designed for persons of this age, offering regimes tailored to
their needs and staffed by persons trained in dealing with the young”.111
In Hungary, one of the places of detention designated to accommodate persons of minor age
sentenced to imprisonment for having committed an ordinary offence is the Juvenile Penitentiary
Institution (hereinafter the “Institution”), located in Tököl. Although the Institution’s main task
is to accommodate juvenile offenders, their number at the time of the visit was only one fifth of
that of the adult detainees: 158 out of 761.
Juveniles deprived of their liberty were held separated from the adult detainees in the Institution.
The occupation rate of cells designated for their placement was 72.8 %; however, in certain parts
of the Institution, the size of prison cells did not reach the statutory minimum. In these rooms
neither the ventilation, nor the lighting was appropriate. In some cells, in the absence of a
signaling system, inmates had to shout in order to get the guards’ attention. Sanitary units were
dilapidated on the entire premises of the Institution.
The transfer cell, i.e., the room where detainees have to wait before being transported to another
penitentiary institution, is located in the building of the Central Prison Hospital. At the time of
the visit, the transfer cell was so crowded that some inmates could not sit; however, there were
no juvenile prisoners among those waiting to be transferred. Since juvenile prisoners had to wait
in the same room, I drew the Institution’s attention to the fact that they have to be separated
from the adults even in the transfer cell.
Several persons deprived of their liberty claimed to have been subjected to physical and/or sexual
abuse by their fellow inmates. In their experience, it was not advisable to report such incidents to
the personnel, since that could lead to repercussions, including threats of or actual violence. The
disciplinary resolutions on record in the Institution also confirmed that persons deprived of their
liberty abuse each other on a regular basis.
Several inmates complained of having been abused not only by the other inmates, but also by the
staff. According to them a member of the healthcare personnel choked many of them and talked
to them in a racist manner. Certain guards occasionally slapped the inmates across the face “for
any purpose it may serve”, in order “to give guidance”. It happened in rooms, e.g., in the shower room,
where there was no surveillance camera.
Although, according to Hungarian law, special attention shall be paid to the personal
development of juvenile convicts while they are deprived of their liberty, there were only four
psychologists employed by the Institution who were simultaneously responsible for the adult
inmates as well.
In my report on the visit I suggested that the Institution should provide appropriate lighting and
ventilation in every cell and renovate the sanitary units. In order to prevent ill-treatment, I
suggested that the head of the Institution should, without any delay, take the necessary measures
to put an end to the violence among the persons deprived of their liberty, as well as to their
“educational” abuse by the staff. I asked the Director General of the Hungarian Prison Service to
seriously consider restoring the proper proportions between juvenile and adult inmates and
examining the possibility of hiring more psychologists.
111
See Clause 28 of CPT/Inf (99) 12
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents