82 11. Groups of persons deprived of their liberty at the places of detention woman with two adult women in the same cell caused a fundamentalrights-related anomaly. The visiting delegation found two cells where the open regime was ensured for the detainees so that the doors did not open directly to the corridor, but to an area of about 0.75–1.0 square meter surrounded by bars. “Open regime” in the Somogy County Remand Prison Several detainees claimed that, upon the visitors’ departure, in the chapel or in another room available they had had to strip naked in the presence of the guards and other inmates. The naked detainees had to pull back the foreskin over the head of their penis, then they had to squat. This procedure is aimed at checking whether they had hidden any forbidden objects, including psychotropic substances, between their legs or in the private parts of their body. The relevant legal regulations stipulate three levels of examining the convict’s clothes and body.206 The oral cavity may be inspected by a staff member of the opposite sex of the penal institution as well. Body search and examin ing the convict’s clothing may be conducted only by a person of the same gender. Body cavities may be examined only by a physician. In the absence of the legal definition of body cavities, it is unclear whether the provision for body search or the provision for examining body cavities should be applied during the inspection of the foreskin-covered part of the convicts’ penis or while looking for forbidden objects between the convicts’ leg or in their rectum. The practice established as a result of this unclear legal situation jeopardizes the enforcement of the prohibition of degrading treatment, so I requested the Minister of Justice to take the necessary measure to abolish it. In connection with exercising the right to freedom of religion, the State has to provide the preconditions for the realization of the freedom of religion, i.e., to ensure the protection of the values and life situations related to the freedom of religion.207 In the Institution, the chapel was the place designated for the practice of religion, providing a venue for religious acts and services, and providing the conditions for individual or collective practice of religion for the 206 207 See Section 145 of the Prison Act. See Constitutional Court decision 6/2013 (III. 1.) AB.

Select target paragraph3

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