A/HRC/44/42/Add.1
amendment of certain acts related to restrictions to the procedure carried out in the areas of
border management. Based on these amendments, asylum applications from anyone who
irregularly enters Hungary can only be submitted in the transit zones.
25.
The relevant authority issued an interim decision designating the territory of the
transit zones as “a place of accommodation” for asylum seekers. Consequently, all asylum
applicants, including families with small children and unaccompanied and separated
children of and above the age of 14, are obliged to stay in the transit zones for the entire
duration of the asylum procedure until a final decision on their application is issued or, in
the case of a Dublin transfer, until the decision becomes enforceable.
B.
Conditions at the transit zones
26.
The Special Rapporteur visited both the Röszke and Tompa transit zones. He was
given access to all sections of the transit zones and was able to hold private conversations
with individuals housed there. On the day of his visit to the transit zones, he did not see any
migrant approaching Hungary from the Serbian side of the border. Razor-wire fences
surrounded not only the external perimeter of the entire transit zones but also each sector
within the zones. There was also razor wire on the roofs of the living containers where
unaccompanied asylum-seeking children between 14 and 18 years old, families with small
children and pregnant women were accommodated.
27. At the time of the visit, there were approximately 280 individuals in the transit zones.
Most of them were families who had been on their journey for years. Over 60 per cent of
those in the transit zones were boys and girls, including infants, unaccompanied asylumseeking children and children with special needs. Many of them had lived in the transit
zone for over a year. As of 31 December 2019, according to the Hungarian authorities, 361
individuals, including 197 children were held in the transit zones, the vast majority of them
families with children. There were six single men, four single women and one
unaccompanied child. Children confined in the transit zones had no access to formal
education. Since September 2017, the Hungarian authorities have started providing basic
educational and recreational activities for children in the transit zones. Those activities do
not seem to be fully tailored to meet the needs of the children.
28.
The Special Rapporteur observed that any movement of asylum seekers within the
transit zones, whether to visit other sectors, to meet with their attorney or to visit the
medical unit, was done under escort by armed security guards. Toddlers are normally
escorted together with their parents. Although according to the relevant police rules and
normal practice, the number of escorts normally equals the number of asylum seekers
escorted, but must be at least two persons, in the case of escort outside the zones, one extra
person is added. According to information gathered at one transit zone, one pregnant
woman was reportedly escorted by a number of guards on her way to the hospital for a
regular pregnancy check-up. Asylum seekers, including young children, were confined to
their designated sectors and interaction between sectors was very limited. Visits to other
sectors were generally allowed for up to one hour a day, upon request, but visits could
exceed one hour when social programmes were taking place.
29.
While the general hygiene conditions of the transit zones seemed to be satisfactory,
the Special Rapporteur was concerned about the lack of appropriate medical and
psychological care and treatment. Based on the information collected during his visit, a
doctor was present in the transit zones for only a few hours a day and there was no
gynaecologist or paediatrician, while a large percentage of the asylum seekers in the transit
zones were women and children. Visits to gynaecologists needed to be arranged upon
request. Although a paediatrician visited both transit zones twice a week and a maternity
nurse once a week, not all asylum seekers in the transit zones were aware of this. Asylum
seekers, including women and children, with serious chronic diseases and cancer remained
untreated for months. According to the information gathered, when they managed to
consult a doctor, the consultation was often conducted without interpretation. Many asylum
seekers reported difficulties in communicating with the doctor. There were other cases
where the doctor simply failed to provide a diagnosis. Access to a specialist or a hospital
check-up was limited. Those who received treatment at local hospitals shared their
experience with the Special Rapporteur. One example concerned an asylum-seeking woman
who had had an operation at the local hospital, where she was handcuffed to the bed for
7