Country

Hungary

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Hungarian Criminal CodeA public official who assaults another person in the course of his duties is guilty of an offence punishable by one to five years’ imprisonment. If the offence is committed in a group, the penalty is two to eight years’ imprisonment.
Ministerial Decree No. 16/2014 (XII. 19.)In the case of convicted persons and persons detained on other legal grounds who are victims of a criminal offence, if the convicted person or person detained on other legal grounds becomes a victim of a criminal offence, the correctional facility or institution shall take all necessary measures to facilitate the implementation of the provisions of Act XC of 2017 on Criminal Procedure regarding the rights, protection and lenient treatment of victims during detention, in particular by providing appropriate information.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2016The NPM stated that some detainees claimed to have been abused by their fellow inmates during several visits of the NPM to detention facilities. The NPM pointed out to the management of the institutions that the guards were obliged to protect inmates from each other as well. Following the NPM’s recommendation, training programmes were held for the staff of several institutions in order to reduce the ill-treatment of and violence among the detainees. Report details
2018I request the chief commander of the national penitentiary system to make sure that prison officers receive trainings on the following matters continuously: a. suicide and self-harm committed by detainees, b. psychoactive substances, c. development of interpersonal communication, d. stress-management and prevention of burn-out, e. prohibition of torture and inhuman and degrading treatment. I request the commander of the penitentiary institution to inform the prison officers that sexual offenders are particularly exposed to violence committed by their fellow inmates, therefore they need special attention, to take steps to prevent violence among detainees, to make sure that the complaints submitted by detainees are duly examined within a reasonable deadline, to prepare an action plan to eliminate the racist verbal and non-verbal actions of the prison officers, to step up against the inadequate, sometimes violent behaviour of the prison staff and to guarantee the detection of the violations of the disciplinary rules and the professional investigation of these cases. Report details
2019I request the commander of the penitentiary institution to prevent physical abuse and theft committed by detainees against each other, to make sure that prison staff members treat detainees adequately, to organise training to prison staff members about the UN Convention against Torture and the operation of the National Preventive Mechanism. Report details
2019The NPM report recommends that prison staff receive specific training on the UN Convention against Torture and the operation of the National Preventive Mechanism, and that prison governing bodies should take measures in order to make sure that prison staff members treat detainees adequately and prevent violence between inmates. Report details
2021The NPM did not reveal any signs of physical abuse during the reference period. In general, it drew attention to the risk of the prohibition of inhuman, degrading treatment or punishment being jeopardised, as the shortage of staff, in particular the risk of virus infection during the epidemic and the changes in the normal way of life due to the preventive measures taken, placed both the prisoners and the staff under increased psychological strain, and staff members, could have been liable to adversely affect the treatment of detainees, thereby jeopardising the prohibition of inhuman or degrading treatment or punishment. Report details