CAT/C/HUN/CO/4
page 2
including the right not to be subjected to torture and other cruel, inhuman or degrading treatment
or punishment, in particular:
(a)
Act no. CXXXV of 2005 on the Assistance to be afforded to Victims of Crimes
and on the Mitigation of Damages by the State;
(b)
Act no. CXXV of 2003 on Equal Treatment and the Promotion of Equal
Opportunities;
(c)
Act no. XXXIX of 2001 on the Entry and Stay of Foreigners [“the Aliens Act “]
and Government Decree no. 170/2001 on the implementation of the Aliens Act;
(d)
Act XIX of 1998 on the Code of Criminal Procedure;
(e)
The adoption of the Code of Conduct for Police Interrogations in 2003;
(f)
The establishment of a shelter for unaccompanied minors in 2003, in conjunction
with the United Nations High Commissioner for Refugees;
(g)
The ongoing grant programme for secondary school pupils of Roma origin in
disadvantageous situations, supporting them to become police officers; and
(h)
The publication in June 2006 of the last report of the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT/Inf (2006) 20)
and the State party’s responses to it (CPT/Inf (2006) 21).
5.
The Committee also welcomes the oral assurances given by the State party’s
representatives that ratification of the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment is envisaged shortly.
C. Principal subjects of concern and recommendations
Definition of torture
6.
Notwithstanding the State party’s assertion that, under the Hungarian Criminal Code
(section 226 on ill-treatment in official proceedings, section 227 on forced interrogation and
section 228 on unlawful detention), all acts that may be described as “torture” within the
meaning of article 1 of the Convention are punishable, the Committee observes that all elements
of the definition of torture as provided by article 1 of the Convention are still not included in the
Criminal Code of the State party.
The State party should adopt a definition of torture that covers all the elements
contained in article 1 of the Convention.
Pre-trial detention
7.
The Committee expresses its concern at the length of the initial pre-trial detention phase
(up to 72 hours), at ongoing pre-trial detention on police premises and the high risk of illtreatment which it entails and greatly regrets that pre-trial detention of up to three years is
provided for under the Criminal Procedure Act. Furthermore, the Committee is concerned that