71 11. Groups of persons deprived of their liberty at the places of detention Date of the visit Authorized capacity (persons) Actual capacity (persons)* Utilization rate Number of detainees (persons) Number of persons interviewed At the time of the visit Number Place of detention 9. March 01–02 and April 26, 2016 Cseppkõ (Dripstone) Children’s Home without the foster parent network 137 137 81.0 111 97 10. June 28–29, 2016 Juvenile Penitentiary Institution, Tököl*** 217 217 60.4 120, 11 ad.**** 49 770 776 77.41***** 578 322 Name Altogether ***** ***** ***** On May 01, 2016, Tököl National Prison got separated from the Juvenile Penitentiary Institution. Pursuant to Section 82, Paragraph 1 of Act CCXL of 2013 on the execution of punishments, criminal measures, “juvenile also means a young adult older than 18 but younger than 21 serving his/her juvenile prison sentence.” ad. = adult – At the time of the visits, 11 adults stayed temporarily, under guarding in the institution. Average utilization rate of the places of detention at the time of the visits. 11.1. Children deprived of their liberty Irrespective of the reason for their detention, juveniles deprived of their liberty are inherently more vulnerable than adults. Due to their vulnerability deriving from their age, particular vigilance is required on the part of the staff members of places of detention holding juveniles to ensure that their physical and mental well-being is adequately protected.196 Hungary has no special ombudsman for children; however, when performing the tasks of the NPM, I have to pay particular attention to the protection of the rights of the child. A child is “a person who has not yet reached 18 years of age, except if such a person becomes an adult earlier pursuant to the laws applicable to him or her.”197 Although in the system of the Hungarian penal law children over fourteen (in exceptional cases twelve) years of age may be held criminally responsible, or, in the field of health law, may make certain decisions independently, children deprived of their liberty under eighteen or, in the penitentiary system, twenty-one years of age shall be provided special treatment, extra attention and special detention conditions.198 196 197 198 See CPT/Inf (99) 12, Clause 20. See Article 1 of the Convention on the Rights of the Child, signed in New York on November 20, 1989 (hereinafter the UN Convention on the Rights of the Child), promulgated by Act LXIV of 1991. Pursuant to Section 82, Paragraph 1 of the Prison Act., “juvenile also means a young adult older than 18 but younger than 21 serving his/her juvenile prison sentence.”