Prison overcrowding and inhumane detention conditions in Hungary remain unresolved

More than a decade after the European Court of Human Rights found systemic violations stemming from prison overcrowding and inadequate detention conditions, the HHC’s new communication demonstrates that the core problems identified by the Court remain unresolved. Despite repeated decisions of the Committee of Ministers and the adoption of an Interim Resolution in 2025, Hungary has still not put in place a coherent and sustainable strategy capable of addressing the structural causes of overcrowding or ensuring detention conditions compatible with Article 3 of the European Convention on Human Rights.

The submission provides a detailed analysis of recent developments, drawing on official data, academic research, CPT findings, and the HHC’s long-standing monitoring experience. It shows that despite the large capacity expansion project of the government, prison overcrowding continues to be driven by avoidable admissions, the malfunctioning of non-custodial alternatives, the overuse and excessive length of pre-trial detention, and the sharply reduced accessibility of early release. At the same time, recent penal policy measures adopted in 2025 – including punitive drug law reforms and the transfer of juvenile reformatories under the authority of the penitentiary administration – are likely to further increase pressure on an already overburdened prison system.

Beyond overcrowding, the communication highlights persisting deficiencies in material conditions of detention, serious shortcomings in the preventive and compensatory remedy system, unjustified restrictions on visits, inadequate treatment of detainees with disabilities, and the continued use of special security regimes without effective safeguards or oversight.

In its conclusions, the HHC urges the Committee of Ministers of the Council of Europe to intensify its supervision of this group of cases and to continue exercising close scrutiny over the Hungarian authorities’ actions. Without a genuine policy shift aimed at reducing prison overcrowding, expanding the use of alternatives to detention, and strengthening effective remedies, the violations identified by the Court risk becoming further entrenched rather than remedied.

Key takeaways

• Prison overcrowding in Hungary remains structural and unresolved, despite the repeated decisions of the Committee of Ministers’ and continued prison construction.

• Imprisonment is still not used as a measure of last resort: petty offence detention, short-term confinement and the conversion of non-custodial sanctions generate a constant churn pressuring the prison system.

• Pre-trial detention remains excessively long and overused, with Hungary recording the longest average length of pre-trial detention among reporting Council of Europe Member States.

• Access to early release has significantly deteriorated, undermining reintegration and contributing to longer periods of detention.

• Material conditions beyond overcrowding remain problematic, and adequate compensation for inhuman or degrading conditions is still not guaranteed.

• Remedies remain ineffective: the compensatory remedy has not been fixed, and the newly introduced preventive mechanism lacks proven effectiveness.

• Vulnerable groups continue to face heightened risks, particularly detainees with disabilities and children affected by custodial responses.

• Recent penal policy measures adopted in 2025 are likely to worsen the situation, further increasing prison population growth instead of addressing the root causes of the problem.

• Intensified supervision by the Committee of Ministers is necessary to secure effective execution of the Court’s pilot judgment.

📄 Read the full submission here.