64
In my report, I pointed out that the residents’ private sphere was compromised also by the lack of
personal items. The head of the institution informed me that his colleagues try to make the living
environment cozier, and they also help the residents’ similar efforts.
At the time of the visit, one of the residential rooms was designated as conjugal room: the residents
spending the night there would pack away their things for the day. The head of the institution informed
me that a room had been designated exclusively for this purpose.
I asked the head of the institution to get in touch with the guardians and request them to make regular
visits. The head of the institution informed me that they intend to maintain regular contact with the
guardians through inviting them to various programs and to more events than before.
I requested the head of the institution to have a complaint box installed in an easily visible place. The
head of the institution informed me that they had placed complaint boxes in every care unit, as well as
on the scene of the developmental activities.
I asked the Integrated Legal Protection Service to ensure that the patients’ rights representative, when
visiting the institution, would encourage the residents to voice their desires, wishes, and complaints. In
its response, the Integrated Legal Protection Service assured me that they pay special attention to
residents who are vulnerable due to the state of their physical or mental health.
9.3. Visit to the Somogy County Remand Prison
My colleagues authorized to perform tasks related to the NPM paid an unannounced visit to the
Somogy County Remand Prison on June 24-25, 2016. 198 After the departure of their visitors, the
detainees of the institution had to strip naked in the presence of the guards and the other detainees,
pull back the foreskin from their sexual organ, then squat on their heels. The objective of inspecting
part of the penis covered by the foreskin and making the detainees squat on their heels was to enable
the guards to check whether the detainees had hidden forbidden objects and/or psychotropic drugs
between their legs or in their private orifices.
The Prison Code regulates the search of the convict’s body and clothes in three stages. First, frisking
the convicts and checking their clothes, which may be done only by a person of the same sex (except
when the clothes are checked using a technical device);199 second, inspection of the body orifices, which
may be done only by a physician;200 and third, as an exception to the second, inspection of the oral
cavity, which may be done by prison service personnel of the opposite gender as well. The Prison Code
did not define body orifice; therefore, it was up to discussion whether inspecting part of the penis
covered by the foreskin and searching for forbidden objects hidden between the legs or in the rectum
may be done only by a physician, or it may be done by the members of the security personnel in the
presence of other detainees, as well. In my view, this unclear legal situation threatened the enforcement
of the prohibition of degrading treatment. To eliminate this impropriety, I recommended the
amendment of the Prison Code and its implementing regulations.
Instead of amending the Prison Code, the Minister of Justice suggested reaching a consensus regarding
acceptable practices. In my response, I pointed out that, based on the taxonomic and logical
interpretation of Section 151 of the Prison Code and Section 59 of Minister of Justice Decree 16/2014.
(XII. 19.) IM, the provisions on body search are not clear. I also pointed out that neither the practices
of the penitentiary system nor the teaching materials used in training penitentiary service personnel are
in compliance with the prevailing legal regulations.
Report № AJB-3865/2016
Section 151(1) of the Prison Code
200 Section 151(3) of the Prison Code
198
199
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