Inspection visit

The Chancellor of Justice regularly conducts inspection visits to places of detention. According to Article 4 of the UN Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), a place of detention is defined as any location where persons are or may be deprived of their liberty by order of a public authority, or with its authorization, consent, or acquiescence. Deprivation of liberty refers to any form of detention or imprisonment or the placement of a person in a public or private custodial setting from which they are not permitted to leave at will by order of any judicial, administrative, or other authority.

Places of detention are for example:

  • prisons;
  • houses of detention, police departments and constable offices;
  • chambers of detention at courthouses;
  • establishments for children needing special treatment due to behavioural problems;
  • special social welfare institutions and general social welfare institutions providing special care;
  • healthcare institutions providing psychiatric, rehabilitation treatment and treatment of infectious diseases against one’s will;
  • authorities of migration (expulsion centre, centre for receiving applicants).

The selection of places for inspection and the frequency of visits are determined based on criteria such as the nature of the institution, the number of detainees, the turnover rate of detainees, the risk of ill-treatment, and other relevant factors.

An inspection visit may be announced or unannounced and may occur during the day or night, on a weekday or a weekend. The Chancellor of Justice may invite experts (e.g., general practitioners or psychiatrists) and individuals familiar with specific conditions (e.g., wheelchair users) to participate in inspection visits. Visits may also be conducted in cooperation with state supervisory agencies, such as the State Agency of Medicines, the Social Insurance Board, or the Rescue Board.

During an inspection visit, the Chancellor of Justice and their advisers hold private conversations with both the staff of the institution and the detainees. A tour of the premises is conducted to assess living conditions and ensure that measures are in place to prevent torture, inhuman treatment, and degrading treatment. The organization of health services is evaluated, relevant databases and documents are reviewed, and compliance with established standards is assessed.

Under § 27(3) of the Chancellor of Justice Act, the inspected institution is required to ensure:

  • unrestricted access to information necessary for verifying compliance with fundamental rights, freedoms, and the principles of good administration;
  • unrestricted access to information about persons in the establishment, their detention conditions, and their location;
  • access to premises and the territory of the institution;
  • the opportunity to speak privately with individuals whose rights are restricted as well as with staff members.

After the inspection visit, the Chancellor of Justice drafts a report summarizing best practices observed and providing substantiated recommendations and suggestions for addressing deficiencies. The inspected institution is given an opportunity to give feedback or explanations regarding the recommendations. If necessary, the Chancellor of Justice conducts follow-up visits to monitor the implementation of the recommendations.