50 7. The primary aspect of investigation: segregation of persons deprived… 7.4.1. Isolation of children living in a children’s home In 2016, I inquired into the practices of isolating children living in an institution during the visit to Cseppkõ (Dripstone) Children’s Home.109 I could not detect any signs, either when interviewing the children and the personnel, or when inspecting the documentation, indicating that the institution would have kept children, either as a punishment or for preventive purposes, in isolation from the others, restricting their social interaction. 7.4.2. Isolation of juveniles serving their prison sentence The rules of law-enforcement provide the possibility for the isolation of detainees for having committed a disciplinary offense. One of its forms is “disciplinary isolation”, applicable during the disciplinary proceedings, aimed at ensuring the effectiveness of the disciplinary investigation.110 During the disciplinary isolation, the convict may not contact certain persons, and the scope of personal objects kept with him/her may also be restricted. Disciplinary isolation may last till the completion of the first instance proceedings, but not longer than 20 days. Another form of isolation is “solitary confinement,” the maximum sanction in disciplinary proceedings.111 The maximum duration of solitary confinement depends on the type of imprisonment and the work of the detainee. During the solitary confinement, the detainee may not go on authorized absence or leave, may not buy items of personal need, may not engage in cultural and sports activities, may not read the press, his/her contacts with the outside world (receiving correspondence, packages, visitors) are suspended with the exception of his/her attorney and priest.112 In the case of juveniles, solitary confinement may only be applied if its execution does not prevent them from participating in education and reintegration programs,113 and its duration shall be shorter than in the case of adults.114 The third option is “safety isolation,” which may be applied against a detainee gravely violating or threatening the order and safety of the penitentiary institution, participating in rebellion, refusing to comply with an order 109 110 111 112 113 114 See Report AJB-1603/2016. See 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. See Sections 169 and 170 of the Prison Act. However, pursuant to Section 169, Subsection (5) of the Prison Act, the packages and visitors not received during the solitary confinement may be received upon its completion. See Section 193 of the Prison Act. Pursuant to Section 193, Subsection (4) of the Prison Act, it may not exceed ten days in a juvenile jail and five days in a juvenile correctional institution.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents