49
Ward in the FPMI
The FPMI’s catering practices were in compliance neither with the relevant legal regulations on catering
in inpatient institutions nor with state of health and lifestyle of the regular and sent-in patients. I
requested the Head of the Office of the Chief Medical Officer and the Chief Medical Director to
address this problem.
According to the house rules issued for patients under compulsory or temporary compulsory treatment
and mentally incompetent patients, the FPMI will provide, upon request, toiletries and other necessities
to those without deposited money. According to the Chief Medical Director, detainees receive toiletry
packs, lasting for several days, upon their request. The legal regulation providing the basis for this
rule157 stipulates the obligation to provide toiletries and other necessities only to the “convicted.” I
asked the Chief Medical Director to amend the house rules and distribute toiletry packs on the day of
the reception. I requested the Minister of Justice to have the relevant legal regulation amended so that
the FPMI should provide toiletries and other necessities not only to convicts but to other detainees as
well.
Out of the 178 positions, only 89 were filled. Due to the inadequate working conditions, the threat of
burn-out was rather high. Training on international human rights conventions that have been
incorporated into domestic law was missing from the training curriculum of the staff. I suggested that
the Director General of the Hungarian Prison Service and the Chief Medical Director ensure the
provision of training sessions to the medical, psychologist, and nursing staff on the relevant provisions
of the UN Convention against Torture, the OPCAT, and the CRPD, as well as on the related working
knowledge, organize training sessions for the entire personnel on the needs of patients living with
impairment/disability, and take the necessary measures to ensure the proper size and condition of
rooms used by the staff.
It gave cause for concern that there were several persons with disabilities158 in administrative detention
in the FPMI who, under the Act on Administrative Offenses, should not have been held there.159 In
order to remedy the situation, I initiated proceedings for the supervision of legality by the competent
prosecutor through the Prosecutor General.
Section 131(2) of Minister of Justice Decree 16/2014 (December 19) IM on the Detailed Rules of Confinement Replacing Prison
Sentencing, Confinement, Pretrial Detention and Disciplinary Fines (hereinafter the MoJ Decree 16/2014. (XII. 19.) IM) states that
„convicts with no deposited money shall be provided with basis toiletry items and other necessities specified in Annex 7” (These items include soap,
toothbrush, toothpaste, tooth mug, comb (if requested), toilet paper, cotton wool, tampon, sanitary pad, shaving equipment, shampoo).
158 Section 4, Paragraph a) of Act XXVI of 1998 on the Rights and Equal Opportunities of Persons with Disabilities defines a person
living with disability as „a person who lives, either for a prolonged period or permanently, with a sensory, communication, physical, mental, psycho-social
impairment or their combination, which, when interacting with environmental, social, other any other factors, hinders or prevent the given person from efficiently and
equally participating in society.”
159 According to Section 10, Paragraph a) of Act II of 2012 Act II of 2012 on offences, the procedure in relation to offences and the
offence record system, „ no administrative detention may be ordered if the person subject to proceedings is a person living with disability as defined in the Act
on the rights and equal opportunities of persons with disabilities, or receives in-patient care.”
157
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