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Hungary

Detention issue

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FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Prison Act CCXL of 2013 on the execution of penalties, measures, certain coercive measures and misdemeanour detentionA convicted person and a person detained on other grounds may submit an application in a prison case or in connection with detention and may lodge a complaint against the decision on the application, and shall be entitled to other remedies the Act. If the Act allows for such a remedy, the convicted person and the person detained on other grounds shall be informed of it when the decision is taken. The convicted person and the person detained on other grounds may submit their application, complaint and request for appeal in writing. The statement of a sentenced person who cannot read or write or of a person detained on other grounds shall be recorded in the presence of two disinterested witnesses, if they so request. A sentenced person or a person detained on other grounds shall, in relation to enforcement may apply directly to the public prosecutor’s office responsible for the legal supervision of the enforcement of sentences, measures, certain coercive measures, detention in lieu of a disciplinary sanction and detention for misdemeanours, and may request to be heard by the public prosecutor, also directly to the Commissioner for Fundamental Rights and to the staff member of the National Preventive Mechanism mandated to fulfil the functions of the Optional Protocol against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as provided for in the Optional Protocol, and may submit a request or complaint to an international human rights protection organisation recognised by an international convention promulgated by law as competent to do so. In other issues related to the custody or in any other issue, the convict or the person detained on other grounds may contact their representative both in writing and orally and – in compliance with the rules of the organisation carrying out the detention – personally, under control. The prisoner has the right to express his/her opinion in the prisoners’ forum within the prison organisation.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2021In the Márianosztra Prison and Detention Centre270 the specific legal provisions did not limit the possibility to correspond and communicate with the defender. In-person attorneys could meet with their clients in a separate booth in the visiting reception room, but typically preferred to communicate via Skype. Report details