CAT/C/HUN/CO/4
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pre-trial detainees under and over 18 years are accommodated in the same cell in the course of
the procedure and notes that the need for separation of children and adults is included in the
Draft Penitentiary Code. (arts. 2, 11 and 16)
The State party should take appropriate measures to ensure that its pre-trial
detention policy meets international standards, including by reducing pre-trial
detention on police premises, further reducing the period of pre-trial detention and
using the alternative measures outlined in the Code of Criminal Proceedings under
the chapter “Coercive Measures” in cases where the accused does not pose a threat
to society. Furthermore, the State party should take the necessary measures to
ensure that children in pre-trial detention are kept separately from adults, and
adopt the Draft Penitentiary Code.
Fundamental safeguards
8.
The Committee is concerned at allegations that fundamental legal safeguards for persons
detained by the police or Border Guard staff, including the rights of access to a lawyer and
medical examination, are not being observed in all situations. In this respect, the Committee
notes with concern that a high number of persons with an ex officio defence counsel remain
without actual assistance from their attorney in the investigation phase of the procedure.
Furthermore, the Committee is concerned at information that the compulsory medical
examination upon arrival at the police station is often carried out by physicians who are not
independent from the police and in the physical presence of police officers, and that the same
applies in the case of illegal foreigners in the presence of Border Guard staff (arts. 2, 13 and 16)
The State party should take effective measures to ensure that the fundamental legal
safeguards for persons detained by the police or Border Guard staff are respected,
including the right to inform a relative, have access to a lawyer as well as to an
independent medical examination or a doctor of their own choice, and the right to
receive information about their rights.
The State party should, inter alia, ensure that:
(a)
Persons in the custody of police or Border Guard staff benefit from an
effective right of access to a lawyer, as from the very outset of their deprivation of liberty;
(b)
Police officers and Border Guard staff are not present during medical
examinations of persons under custody in order to guarantee the confidentiality of medical
information, save under exceptional and justifiable circumstances (i.e. risk of physical
aggression).
Detention of asylum seekers and non-citizens
9.
The Committee is concerned at the detention policy applied to asylum-seekers and other
non-citizens, including reports that they often face lengthy periods of detention, including in the
context of the so-called “alien policing procedure”, with detention for up to 12 months in alien
policing jails maintained by the Border Guard service (arts. 2, 11 and 16)