High school offenders behind bars

High school offenders behind bars

Three high school students attempted to steal a bijou as a bet from a shop in Budapest city-center. According their statements, they regretted their act and returned the jewelries after being captured by the security guard. However, the police followed the new relevant articles of the Act on Minor Offences as they took the 15 years-old girls to the responsible police office and imprisoned them for 1,5 day.

The Parliamentary Commissioner for Civil Rights, Prof. Dr. Máté Szabó was informed on the issue through the media, and immediately started an examination of the case. Based on news it was questionable whether the policemen considered the choice of other possible tools provided by law, the level of arrestment was equal with the level of crime or the method and circumstances of detention were adequate. The girls were arrested by handcuffs and were taken to police lockup, where they spent 1,5 day. Immediate informing the parents in this case did not happen. The girls did not receive warm clothes either, and one of them had to be transported to psychiatrical treatment on the first night. Furthermore, when the two other girls' parents tried to bring warm clothes to their daughters, they were rejected and informed that the detainees can get packages only on Sundays, which also has to be authorized by the police office.

                The Ombudsman asks the responsible chief of the police to examine the case. Furthermore he requires information on whether the student-girls were allowed to talk to their parents or any advocates on phone, and were they properly informed on their rights for defense. Prof. Dr. Máté Szabó has inquired the Hungarian Minister for Internal Affairs whether the Minister considers the arrestment and imprisonment of children under 18 for small-valued offences compatible with Hungary's international responsibilities taken by the New York Agreement on Children's Rights  and with the relevant provisions of the Hungarian Constitution's. According to Art.67/1. of the Hungarian Constitution "all children have the right to receive the protection and care of their family, and of the State and society, which is necessary for their satisfactory physical, mental and moral development."

                The Ombudsman has also required information from the Minister on the government's strategy considering the possible amendments of the Act on Minor Offences in connection with minors upon the practical experiences.

Background information: the government of the Republic of Hungary has elaborated a new law package on public safety from 19^th August 2010, which amends half-dozen regulations including the Act on Minor Offences to increase the efficiency of procedures in order to protect the property rights and to combat these types of offenses.