Detention issue

Solitary confinement

FRA research findings

View details

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)The prisoner may be placed into solitary confinement when: the prisoner seriously endangers or violates the internal rules of the institution, the prisoner was engaged in a group rebellion, the prisoner refuses to comply with instructions from the prison staff, the prisoner’s behaviour is a threat to himself/herself or to the public. The maximum length of solitary confinement varies. It can last for a maximum of 25 days in maximum-severity penitentiaries (fegyház), 20 days in medium-severity penitentiaries (börtön) and 10 days in low-security penitentiaries (fogház). Detainees may still be allowed to work and to attend school during this period. In case of those detainees who work, solitary confinement can be applied only for a maximum of 20 days in maximum-severity penitentiaries (fegyház), 15 days in medium-severity penitentiaries (börtön) and 5 days in low-security penitentiaries (fogház). The length of solitary confinement cannot exceed 10 days in medium-severity penitentiaries (börtön) for juveniles and 5 days in low-security penitentiaries (fogház) for juveniles.


Year Recommendation Report
2016The NPM concludes that the experience of several visits raise the suspicion that the practices of segregating persons deprived of their liberty are not always in compliance with the requirements of lawfulness, necessity, proportionality, and accountability in Hungarian detention facilities and the conditions of solitary confinement is not in line with the minimum requirements the law set out for this type of disciplinary instrument. Report details
2018The NPM recommended that the physician of the Central Holding Facility, in a justified case, can recommend not to place the detainee alone in a cell which may not be overruled by the body responsible for detention. When placing the detainees the management should aim to the extent possible not be put them in a cell alone, while bearing in mind the requirements of isolation and secure detention. Report details