37
aimed at finding out who and how checks the justification and legality of such measures and if the
extent of these measures is in compliance with the prevailing legal regulations.
6.8. Relations between persons deprived of their liberty and their relations with the personnel
of the place of detention
As balanced personal relations between persons deprived of their liberty and between detainees and the
personnel of the given place of detention are one of the most efficient ways to prevent ill-treatment, my
colleagues try to examine such relations in detail in the course of every visit.
The visiting delegations inquire into the relations of persons deprived of their liberty using the same
premises, paying special attention to gathering information indicative of peer-to-peer abuse among the
detainees.
„Mixed-gender staffing is another safeguard against ill-treatment in places of detention.”108 As persons deprived of
their liberty should only be searched by staff of the same gender and any search which requires an
inmate to undress should be conducted out of the sight of custodial staff of the opposite gender, 109 my
colleagues examine the gender composition of the persons deprived of their liberty, guards, nurses, etc.
during every visit..
The findings of the on-site inspections conducted during the twenty-year operation of the ombudsman
institution show that the staff of the places of detention, if they are frustrated in the hierarchical
structure or continuously dissatisfied with the circumstances and/or conditions of their work, may vent
their frustration on their subordinates or on persons deprived of their liberty, being otherwise at their
mercy. In order to recognize and/or prevent such situations, my colleagues examine whether the staff
members of the given place of detention have the proper qualifications and if they have access to
professional training necessary for the efficient performance of their work, and how accessible and
efficient supervision is. When examining the premises, furnishing, and equipment of the places of
detention, the visiting delegations also inspect the rooms designated for the personnel, including locker
rooms, bathrooms, dining rooms, recreational and restrooms.
6.9. Complaints mechanism
In Hungary, everyone has “the right to submit, either individually or jointly with others, written applications,
complaints or proposals to any organ exercising public power.”110
Keeping in mind Article 4.2 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 power.
One of the most efficient ways of eliminating or preventing ill-treatment is if the personnel of the place
of detention learns about the placement- or treatment-related grievances of the persons deprived of
their liberty as soon as possible, investigates those grievances within a reasonable period of time, and
takes the measures necessary to remedy them.
Considering the vulnerable situation of persons deprived of their liberty and their worries about
possible sanctions, I expect the places of detention to provide the opportunity to submit anonymous
petitions. At every place of detention, my colleagues examine the ways the persons deprived of their
See Clause 26, CPT/(99) 12
See Clause 23, CPT/(2000) 13
110 See Article XXV of the Fundamental Law
108
109
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents