By the Hungarian Helsinki Committee
In Hungary, a Court of Appeal judgment awarding compensation to a detainee with reduced mobility, after finding that prison authorities had failed to ensure accessible detention conditions and equal treatment, suggests a shift in judicial practice recognising that prison authorities must provide support adapted to detainees with disabilities even in the absence of a formal request.
In April 2026, a Court of Appeal awarded HUF 500,000 (ca. EUR 1,400) in compensation to a detainee with severe mobility impairments after finding that the prison administration had failed to provide detention conditions adapted to his disability-related needs.
The case concerned a detainee who relied on a walking frame and was held in a Hungarian prison where he had to walk long distances to access the prison yard, showers, toilets and smoking areas. Due to the lack of assistance and accessible infrastructure, he could use certain facilities only with considerable physical effort and repeatedly had to use stairs without assistance.
The applicant, who was a heavy smoker, argued that the prison administration failed to accommodate his physical condition adequately. He further claimed that, after requesting transfer to another penitentiary better suited to his needs, he was instead moved to a non-smoking healthcare cell without medical justification, which he considered to be a retaliatory measure.
In its first-instance judgment, the Regional Court found that the prison administration had violated the applicant’s human dignity by failing to ensure detention conditions appropriate to his condition. It further held that placement in the healthcare cell breached his personal liberty and the principle of equal treatment, while the lack of access to outdoor activities and accessible sanitary facilities also amounted to discriminatory treatment. However, it rejected the applicant’s compensation claim on the grounds that he had not formally requested improvement of his detention conditions within the prison before initiating civil proceedings. Instead, the penitentiary was ordered to issue a written apology.
The Court of Appeal amended the judgment and awarded the applicant compensation for the violation of his personality rights.
The case not only highlights continuing shortcomings in the accessibility of Hungarian detention facilities for prisoners with disabilities: it also reflects a positive shift in judicial practice recognising that prison authorities must provide disability-adapted support even in the absence of a formal request.
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The European Prison Litigation Network (EPLN) and its members and partners monitor developments in domestic prison law across Europe and provide concise analyses of the most significant changes affecting prisoners’ rights at national level. These updates are intended to support practitioners in identifying emerging European trends, drawing on comparative experiences, and strengthening their legal practice and advocacy in defence of prisoners’ rights.
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