7.1. Experiences of the visits conducted in 2015 The experience gained from the visit has shown that the institution’s protocol failed to comply with the relevant legal regulations on several issues (ordering, way of duration, duty to notify, documentation and revision regulations),98 and staff members had filled the forms on the application of restrictive measure inadequately and failed to forward them to the patients’ rights representative in time on several occasions. In Building ‘B’ of the Juvenile Penitentiary Institution99 the gross floor space of the cells used for the safety or disciplinary isolation100 of inmates did not reach six square meters,101 and several cells had no adequate lighting and ventilation. Several isolation cells lacked washbasins. In those cells, water flowed from the taps directly into the lavatory bowls. Not only were the walls of the isolation cells dilapidated, but my colleagues also saw cockroaches and bedbugs. In the absence of an emergency notification system, the inmates in the cells could signal to the guards only shouting or knocking. In my report on the visit, I have pointed out that the domestic regulations on the solitary confinement of juveniles102 are in violation of Clause 67 of the Havana Rules. The inspection of the Zita Home for Children with Special Needs, operated by the Child Protection Directorate of Somogy County,103 established that the isolation room used for segregating children demonstrating immediately dangerous behavior was unsafe. Although the staff claimed that the children’s personal liberty was not restricted in any way in the institution, most of the children mentioned a so-called “isolation period” after reception, during which–for a period spanning from one week to one month–they could not leave the premises of the institution. In the case of two children, during this isolation period, the 198 198 199 100 101 102 103 See Section 101/A, Subsection (2) of Minister of Health, Social and Family Affairs Decree No. 1/2000 (I. 7.) SzCsM on Professional Tasks and Conditions for Operation of Institutions Providing Personal Care. See Report AJB-1423/2015. Provisions on security isolation: Section 146 of Act CCXL of 2013 on the execution of punishments, criminal measures, certain coercive measures and confinement for administrative offences; Section 52 of Minister of Justice Decree 16/2014 (XII. 19.) on the Detailed Rules of Confinement Replacing Prison Sentencing, Confinement, Pretrial Detention and Disciplinary Fines; Section 13, Subsection (1) of Minister of Justice Decree 14/2014 (XII. 17.) IM on the Disciplinary Responsibility of Inmates and other Detainees held in Penitentiary Institutions. Pursuant to Section 121, Subsection (3) of the Prison Rules prevailing at the time of the visit, in the case of individual placement the floor-space of the cell or room shall reach six square meters and, according to Subsection (2), when calculating living space, the space occupied by furnishing and equipment should be deducted from the floor-space of the cell or room. See Section 193, Subsection (4) of the Prison Act. See Report AJB-704/2016. 47

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