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

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