11.3. Police detention
in the cells; nevertheless, it could be established that the cells received little
natural light. There were no separate toilets and shower rooms in the cells.
The premises of the common sanitary unit were plagued with leaks, dirt, and
mold. Two of the “boxes” in the courtyards of the holding facility had several
centimeters of water. The dates of the graffiti suggested that the parts of the
building used for open-air activities had not been renovated since 2003. In
the absence of statutory living space, and due to the inadequate conditions
of placement, little natural light, unsafe furnishing, dilapidated state of the
restrooms, and the courtyards’ unfitness for use, the Holding Facility was in
a state unsuitable for lasting human stay at the time of the visit.
Several of the surveillance monitors, being in a rather poor state, located
in the office of the guard commander, displayed practically nothing. There
are many blind spots in the areas monitored by cameras; i.e., some parts of
the building (e. g., the landings) could not be surveilled through the cameras.
The poor technical state of the displays and the existence of blind spots jeopardized the safety of both the detainees and the personnel.
The rooms where staff members could stay and the kitchens were dilapidated, the linoleum on the floor was worn. The windows of the staff recreation room on the second floor faced a firewall, so natural lighting was very
scarce. There was little space in the staff locker room; it was difficult to move
around between opposite lockers if their doors were open. The staff ’s show
er room was also in a very bad shape. Light fittings were missing in many
places; bare lightbulbs provided some light. The gas pipes were rusty, and
their painting was flaking off. The absence of proper material conditions for
the staff ’s everyday work, in combination with the increased mental strain,
may affect the treatment of the detainees, jeopardizing the enforcement of
the prohibition of inhuman or degrading treatment.
The site of the house arrest
House arrest is a coercive measure, applicable in criminal proceedings, restricting the accused person’s right to freedom of movement and residence.209
Pursuant to Section 1, Subsection (2) Joint Decree 6/2003 (IV. 4.) IM-BM of the
Ministers of Justice and Interior on house arrest, when ordering house arrest,
the court shall inform the accused that he/she may leave the designated
site of house arrest only for the reason, at the time and within the distance
(for the destination) specified in the judicial decision. Under Article 4 of the
OPCAT, the site of the house arrest qualifies as a place of detention.
In the course of the criminal proceedings, the police are ordered to monitor, with the detainee’s consent, compliance with the rules of house arrest
209
See Section 138 of Act XIX of 1998 on Criminal Proceedings.
85
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