9.3. Police custody
In certain cases, detention in single cells may have an effect similar to
solitary confinement. The solitary placement of the detainee must not result in the substantial reduction of communication possibilities and must
not lead to segregation. In the course of detention, bearing in mind separation provisions and the requirement of safe custody, an effort should
be made to prevent, if possible, the placement of detainees in single cells.
Upon visits, in justified cases, the physician of the Central Holding Facility
may also recommend that the detainee be placed in a multiple-occupancy
cell. Based on the doctor ’s recommendation or the guards’ observations,
detainees are placed in multiple-occupancy cells. I asked the head of the
MPHB to make an effort to ensure – while also bearing in mind the result
of the medical examination preceding the detainee’s admission, the rules
of separation and the requirement of safe custody – that detainees are not
placed in single cells if possible.
The working conditions of the staff did not change, either. According to
the guards, the recreational room and the locker room needed to be refurbished the most. Natural lighting was still rather poor in the guards’ recreational room. I initiated that the head of the MPHB take actions with a view
to improving the working conditions of the staff.
9.3.2. The custody unit of the 14th District Police Department of the MPHB164
The custody unit of the 14th District Police Department of the MPHB (hereinafter the “Police Department”) is located on the ground floor of Building
B of the Police Department. The custody unit with a capacity of 10 arrestees
consists of three custody rooms, a recreational room for the staff, a hallway,
a cold food storage / finishing kitchen, two lavatories and restrooms. At the
time of the visit, there was only one arrestee at the place of detention.165
The decrepit and uncared-for condition of the rooms of the custody unit
as well as the lack of certain physical amenities threatened the enforcement
of the detainees’ right to human dignity. I recommended that the Commander of the Police for Budapest ensure the renovation of the custody
unit of the Police Department, and requested that the head of the Police
Department ensure the proper cleaning of the rooms of the custody unit.
164
165
See Report No. AJB 1522/2018.
Upon taking someone into custody, the police may restrict a person’s personal liberty only
for the necessary period, not longer than eight hours. If the objective of police custody is
not reached, the head of the competent police organ may extend this period, if justified, on
one occasion, by four hours. The period of police custody shall be counted from the beginning of the police measure. The rules of police custody are stipulated in Section 33 of Act
XXXIV of 1994 on the Police (Police Act).
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