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hierarchical structure, continuously dissatisfied with the working conditions, they may vent it on
their subordinates, persons deprived of their liberty or anyone else depending on them. In order
to identify or prevent the aforementioned situations, my colleagues check whether the staff
members of the place of detention have the qualifications necessary for performing their tasks,
and if training and supervision, necessary for quality work, are accessible and efficient enough. In
the course of inspecting the facilities, furnishing and equipment of a place of detention, visiting
delegations also inspect the premises used by the personnel, in particular the locker rooms,
bathrooms, dining and recreational facilities and rest rooms.
7.8. 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”104.
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 authority.
One of the most efficient ways of preventing and eliminating ill-treatment is if the personnel of a
place of detention learns as soon as possible about the grievances of the persons deprived of
their liberty in connection with their placement and treatment, investigates those grievances
within a reasonable period and promptly takes the measures necessary for their redressing.
Considering the vulnerability of persons deprived of their liberty and their fear of possible
retaliation, I expect the places of detention to ensure the possibility of submitting anonymous
complaints. My colleagues examine at each place of detention how persons deprived of their
liberty may submit their complaints, how those complaints get registered, investigated and
redressed by the staff, and how the complainants are notified thereof.
104
See Article XXV of the Fundamental Law
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