Country

Hungary

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Penitentiary Code (2013. évi CCXL. törvény a büntetések, az intézkedések, egyes kényszerintézkedések és a szabálysértési elzárás végrehajtásáról)All prisoners in jails, correctional and penitentiary institutions are granted the right to spend at least an hour outside of their cells in fresh air every day. The law, however, does not regulate time spent in common areas inside the institution, and it also does not regulate time spent in cells.
Prison Act, Article 123To maintain and develop the physical and mental conditions of convicts’, access shall be provided to the self-development opportunities, freedom to order publications and to use any cultural or sports facilities of the law enforcement institute in accordance with the provisions of the specific law enforcement regime or classification.
Act CCXL of 2013 (Prison Act)To maintain and develop the intellectual activities and mental conditions of convicts’, access shall be provided to the right to learn in accordance with the provisions of the Act, i.e. access to primary, secondary and tertiary education, provision of training leave and leave to attend examinations.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2016The NPM found open-air sports activities outdated and without renovation in several detention facilities, while the NPM stresses the importance of recreational and sports activities in fighting against deprivation in detention. Report details
2018I request the commander of the penitentiary institution to involve the largest possible number of detainees in education, especially those who are illiterate, to take steps to organise more leisure activities, to make sure that detainees are duly informed about the leisure activities. Report details
2019[...] to guarantee the detainees’ right to spend at least one hour per day in fresh air, especially in the case of persons living with motor disability. Report details
2019I request the head of the Nógrád County Police Department to take steps to create a courtyard in the police jail to guarantee the detainees’ right to spend one hour per day in fresh air. I request the head of the Salgótarján Police Unit to make sure that the officers of the police jail guarantee the detainees’ right to spend one hour per day in fresh air. Report details
2023In general, the institutions tried to organise the prisoners’ lives in such a way that they could spend their free time in a meaningful way, given the limited possibilities due to the Covid infection risk. Therefore, the NPM did not find any irregularities due to the restrictions related to the risk of epidemics, but in one case it drew attention to60 that the provision of educational, sports, vocational training, recreational and other meaningful out-of-school programmes for young people throughout the day is of paramount importance. Report details