* For the initial report of Hungary, see CAT/C/5/Add.9; for its
consideration, see CAT/C/SR.34 and 35 and Official Records
of the General Assembly, forty-fifth session, Supplement No. 44
(A/45/44, paras. 280-312). For the second periodic report, see
CAT/C/17/Add.8; for its consideration, see CAT/C/SR.141, 142/Add.2
and 145/Add.2 and Official Records of the General Assembly,
forty-eighth session, Supplement No. 44 (A/48/44, paras. 342-364).
l. The present report
is submitted in pursuance of article 19, paragraph 1, of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment. The report has been worked out in conformity with
the general guidelines regarding the form and contents of reports
to be submitted by States parties of the Convention (CAT/C/14).
Due regard has also been taken of all the statements made during
the consideration of Hungary's second periodic report in the Committee
against Torture (CAT/C/SR.141, 142/Add.2 and 145/Add.2).
2. The Convention was
promulgated in Hungary by Law-Decree No. 3 of 1988, as modified
by Law No. LIX of 1990. Its provisions are to be applied as from
26 June 1987. As the Convention has been fully integrated into the
Hungarian legal system, the provisions of the Convention have the
legal status of a sui generis law and consequently are directly
enforceable. Accordingly, any person may directly invoke the Convention
before the Hungarian courts and administrative authorities. In cases
where the Convention contains provisions for the jurisdiction of
the courts, as well as penalties for persons who are guilty of practising
torture and other cruel, inhuman or degrading treatment or punishment,
the implementation of the Convention is within the normal competence
of the courts. Both the courts and the administrative authorities
(i.e., the police) are directly responsible for the implementation
of the Convention.
3. Hungary has fully
recognized the competence of the Human Rights Committee, the Committee
on the Elimination of Racial Discrimination as well as the Committee
against Torture to receive and consider individual communications
and is ready to cooperate with the competent treaty bodies. Hungary
has also recognized and attaches special importance to the competence
of the Committee against Torture under articles 20, 21 and 22 of
4. Regarding the general
description of Hungarian society, as well as the political and legal
system of Hungary, reference is made to core document HRI/CORE/1/Add.11.
5. The previous report
of Hungary illustrated the profound changes of Hungarian society,
as well as the coming into existence of the institutions of a pluralist
society, a functioning democracy and the rule of law in Hungary.
The present report has the basic intention to show, on the one hand,
what kind of further new legal institutions have been established
for strengthening democratic achievements and, on the other, to
give an objective, global survey of the everyday working practices,
methods and concrete results of all relevant Hungarian authorities
who have the task to prevent torture and other cruel, inhuman or
degrading treatment or punishment.
6. As the previous report
of Hungary (CAT/C/17/Add.8, para. 3) stressed, the establishment
of the Constitutional Court was a cornerstone in introducing the
rule of law in Hungary. Similarly, the new regulations for the creation
of an Ombudsman system represent a further strengthening of Hungary's
7. During the examination
of Hungary's second periodic report (CAT/C/SR.142/Add.2, paras.
14-15), information was given regarding the preparatory works for
the Ombudsman bill. Presently, the Act is in force and the Hungarian
Ombudsman institution is a fully operational system (see the relevant
report of the Hungarian Ombudsman for 1995-1996 in annex 1). It
is noted that in working out the basic law institutions of the Ombudsman,
the Council of Europe carried out substantial professional cooperation
to set up and put into practice the Hungarian Ombudsman system.
8. The legal basis was
given by the Hungarian Constitution as amended, chapter V, on the
two categories of the parliamentary Ombudsman in Hungary, i.e. one
for the protection of human rights and the other for the protection
of national and ethnic minorities' rights. The duty of the Ombudsman
for human rights is to investigate any allegation of abuse of constitutional
rights, especially those guaranteed by chapter XII, articles 54-70,
on fundamental rights of the Hungarian Constitution (see annex 2).
Special attention has to be given to article 54, paragraphs 1 and
2, of the Constitution, according to which everyone has the inherent
right to life and to human dignity, and no one shall be subject
to torture or to cruel, inhuman or degrading treatment or punishment.
9. The respect for the
rule of law is one of the most important responsibilities of the
Hungarian Ombudsman. The concept includes also the full security
of the individuals in Hungary. According to Act No. LIX of 1993
on the Ombudsman (Parliamentary Commissioner) for human rights,
article 16, paragraph 1 (see annex 3), anybody may apply to the
Ombudsman if in his/her judgement he/she suffered injury as a consequence
of the proceedings of any authority or of any organ performing public
10. The office of the
Ombudsman in Hungary was set up on 1 July 1995; however, the actual
activity started only in October 1995. In the interpretation of
legal security and the rule of law, the work of the Ombudsman is
extremely important, not only from a merely theoretical point of
view but also from a practical one, since in the first years of
practice (1995-1996) in an average of 32.52 per cent of the cases
put forward, the Ombudsman found constitutional improperties. In
more than one third of the cases, concluded by a decision expressing
disapproval, it was found that the right to legal security and also
the rule of law had been violated. (Relevant statistical data are
reflected in detail in Part III of the report.)
11. The Ombudsman for
national and ethnic minority rights performs similar functions in
the field of the guarantees given, particularly by Act No. LXXVII
of 1993 on the rights of national and ethnic minorities. The National
Assembly of Hungary adopted a solemn declaration in the preamble
of this Act, according to which it considers the right to national
and ethnic identity as a part of universal human rights. Other important
Acts are also in effect in connection with the guarantees of minorities'
rights, including Act No. LXV of 1990 on local self-governments,
Act No. LXXIX of 1993 on public education, as well as Act No. I
of 1996 on radio and television (the Media Act). The Hungarian Ombudsman
for national and ethnic minority rights has initiated an amendment
for Act No. LXV of 1990 and as a consequence of it, minorities in
Hungary are entitled to establish their own self-government (see
the report of the Ombudsman for national and ethnic minorities in
12. With the intention
of having more remedies in this field, the Hungarian Government
acceded to two relevant legal instruments of the Council of Europe
The European Charter
for Regional or Minority Languages; and
The Framework Convention
for the Protection of National Minorities.
13. The Hungarian Government
also deposited the instrument of ratification of Hungary to the
Second Optional Protocol to the International Covenant on Civil
and Political Rights (see the second periodic report of Hungary,
14. During the reporting
period, Hungary acceded also to the following international human
rights conventions, adopted by the Council of Europe:
The European Convention
for the Protection of Human Rights and Fundamental Freedoms and
all of its 11 Protocols (e.g. Protocol No. 11 for the Restructuring
of the Control Mechanism, established by the Convention);
The European Convention
for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment and its Protocols No. 1 and 2;
The European Convention
on Extradition and its Protocols No. 1 and 2;
The European Convention
on Mutual Assistance in Criminal Matters;
The European Agreement
Relating to Persons Participating in Proceedings of the European
Commission and the Court of Human Rights;
The European Convention
on the Suppression of Terrorism;
The European Convention
on the Transfer of Sentenced Persons.
15. After ratification
of the European Convention for the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment (4 November 1993), the European
Committee for the Prevention of Torture (CPT) carried out a visit
to Hungary (1-14 November 1994). It is noted that the final report
of the CPT (adopted on 14 June 1995) on its visit to Hungary widely
recognizes the adherence of the Hungarian legislation as well as
the conditions of prisons and police stations to the existing international
norms and standards.
16. Nevertheless, the
CPT requested a number of pieces of information from Hungarian authorities
on some specific aspects and made a series of recommendations. The
complete CPT report, as well as the follow-up measures carried out
by the Hungarian authorities have been fully published (see annex
5). The CPT report underlines that during the two-week visit, the
talks with the Hungarian authorities took place in a spirit of close
cooperation. Fruitful, high-level professional discussions were
held with the widest range of competent authorities, i.e, the Ministry
of the Interior, the Ministry of Justice, the Ministry of Defence,
the Ministry of Welfare and the General Public Prosecutor's Office.
It was also emphasized that the CPT delegation received a satisfactory
response from the management and staff of all places of detention
visited, including those which had not been notified in advance
of the fact-finding visits.
17. The CPT delegation
heard no allegations of torture of persons held by the police establishments
and no other evidence of torture was found (see CPT report, paragraph
16, page 18). The delegation of the Council of Europe, however,
did register several allegations of physical ill-treatment, inflicted
by the police on detained persons, both at the time of the arrest
and during the subsequent interrogations. In the report, CPT recommended
that police officers be reminded of these observations as well as
that senior police officers deliver to their subordinates the clear
message that the ill-treatment of detained persons is not acceptable
by domestic law and by internationally binding obligations. At the
same time, CPT fully recognized that the arrest of a suspected criminal
may often be a hazardous task, in particular if the person concerned
resists or is someone the officers concerned have good reason to
believe, may be armed and dangerous.
18. CPT also recommended
that high priority be given to education initiatives and professional
training of prison staff of all grades (for the practical follow-up
measures of the competent Hungarian authorities, see comments made
to article 10 of the Convention, paragraphs 31-37). CPT also invited
the Hungarian party to encourage all public prosecutors and supervisory
judges regularly to visit and supervise the places of detention
within their competence. As an illustrative, concrete consequence
of the CPT recommendations, it should be noted that the Chief Public
Prosecutor of Hungary, within a very short period of time, issued
a disciplinary circular, according to which the above-mentioned
monitoring and controls are to be carried out every month (see comments
made regarding article 11, in paragraph 49).
19. In its written response
to the CPT report, the Government of Hungary pointed out that a
significant part of the conditions (overcrowded prisons, hygienic
problems, etc.) is due to the obsolete institutional framework from
the turn of the century, the low-level infrastructure and the limited
development resources. Solving all these problems and improving
material conditions can only be gradually realized, in proportion
with the economic capabilities of the country as well as of the
20. During the reporting
period, Hungary worked out and put into force a wide range of new
legal rules, covering a wide range of the activities of the legislative,
administrative, judicial and other (i.e., prosecution, Ombudsman)
institutions, having tasks in and responsibilities for the elimination
of torture and other ill-treatment forbidden by the Convention.
A simple analysis of these acts shows that the Hungarian authorities
paid most careful attention to the fact-finding observations and
recommendations of both the Committee against Torture and the Council
of Europe human rights bodies. The detailed list of the relevant
new Hungarian legal regulations is enumerated in the comments made
to article 2 of the Convention (paragraphs 12-17 of the report).
II. INFORMATION RELATING TO EACH OF
THE ARTICLES IN PART I OF THE CONVENTION
21. The Convention is
a directly enforceable legal instrument in Hungary, consequently
its provisions, including the definition of torture of this article
may be invoked by anybody and therefore, the Hungarian courts, as
well as other authorities (Ombudsman, public prosecutor, police)
have a directly binding legal obligation to apply it in their day-to-day
22. References were
made in Hungary's second periodic report (paras. 20-26) to comprehensive
human rights legislative reform, then still under preparation, restructuring
the whole system of investigations and enforcement. At the present
time, the new institutional system has already been put into force
and is effectively in practice.
23. In accordance with
the provisions of the Constitution, chapter XII, article 54, in
the Republic of Hungary everyone has the inherent right to life
and human dignity. No one shall be subject to torture or to cruel,
inhuman or degrading treatment or punishment. A further guarantee
is provided by Act No. LIX of 1997 (on the amendment of the Constitution).
The entire execution of the criminal punishment system as well as
other relevant measures have been placed under the supervision and
control of the Public Prosecutor. The Office of the Public Prosecutor
carries out investigations and supervises the legality of all police
investigations, as well as represents the prosecution in court proceedings
(see Constitution, article 51, paragraph 2).
24. In compliance with
Hungary's international obligations, the following new legal provisions
have been worked out with the intention of creating effective guarantees
for and widening of the rights of the convicts, as well as persons
under criminal investigation:
Act No. XVII of 1993
on the modification of the Criminal Code; Act No. IV of 1978 (annex
Act No. XCII of 1994
on criminal procedure;
Act No. LXVI of 1994
on the structural system of the courts;
Act No. CVII of 1995 on
the structure of the prison administration;
Act No. XXXII of 1993
(as amending Law-Decree No. 11 of 1979) on the execution of criminal
punishments and other criminal measures (see references in Hungary's
second report, paragraphs 20-21), (annex 7);
Act No. XXXIV of 1994
on the police;
Decree of the Minister
of Interior No. 3/1995 (III.1) on service requirements for the
Decree of the Minister
of Interior No. 19/1995 (XII.13) on regulations for the functioning
of the detention facilities of the police;
Decrees of the Minister
of Justice, regulating in detail the specific performance questions
in the field of the execution of criminal punishments:
- No. 6/1996 (VII.12)
regarding technical details for the implementation of Act No.
XXXII of 1993 (as cited above),
- No. 11/1996 (VIII.17)
on disciplinary issues of detainees,
- No. 13/1996 (IX.8)
on adequate redress and full compensation for detainees (see also
at article 14 of the Convention, paragraph 41),
- Act No. XLIII of
1996 on service requirements of the professional staff of the
armed forces, as well as Decrees of the Minister of Justice for
carrying out special personnel and service requirements for the
staff of law enforcement institutions, No. 4/1997 (II.12) and
25. Among the wide range
of human rights guarantees, special attention is called to the following
provisions of Act No. XXXII of 1993 on the execution of punishments
and measures: According to article 2, paragraph 1, only the legal
consequences as defined in the judgement as well as in the law may
be applied against the convict. Furthermore, the convict is entitled
to the protection of his rights, particularly of his/her good reputation,
privacy, personal data and to the inviolability of his/her private
home (para. 2). No discrimination shall affect the convicts for
reasons of their national and ethnic status, religious or political
belief, social origin or sex (para. 3). The convict is entitled
to full legal remedy during the execution of the punishment (para.
26. In compliance with
the Convention, article 2l, paragraph 1 of this Act stipulates that
the convict must be treated with respect for human dignity and cannot
be subjected to torture or to other cruel, inhuman or degrading
treatment. The same obligation is in effect for police personnel
through the Act on the Police, article 16, paragraphs 1, 2, and
27. Decree of the Minister
of the Interior No. 19/1995 (XII.13) on detention facilities of
the police guarantees that the detainee has the right to establish
direct contact without any restrictions with the Human Rights Committee
of the United Nations, the Council of Europe (European Committee
on Human Rights and the Tribunal), the members of the Committee
against Torture, the European Committee for the Prevention of Torture
as well as with the members of all other human rights organizations
and with the Ombudsman. This Decree of the Minister of Interior
also regulates adequately the rights of detainees regarding regular
information given by the police on their right to defence, legal
remedies, health care, accommodation and personal data protection.
28. During the consideration
of Hungary's second periodic report (CAT/C/SR.141, para. 66) special
reference was made to the "very light maximum sentence provided
for torture" by Hungarian law. In the meantime, Hungary amended
article 228 of the Criminal Code and the previous maximum of three
years' imprisonment was extended to eight years.
29. A further guarantee
is given by Act No. CVII of 1995, according to which all complaints
of detainees against the police shall be dealt with by a fully independent
public prosecutor and legal recourse is also provided for appeal
to the court.
30. Article 122 of the
Hungarian Criminal Code, having direct relevance to the police and
law enforcement officers, makes it possible to refuse to obey an
order for committing a prohibited offence. Article 123 of the Criminal
Code states that a soldier/policeman is not punishable for carrying
out an order, unless he was aware that by doing so he would be committing
an offence. Article 16, paragraph 3 of the Act on the Police provides
that the policeman shall not carry out torture, cruel, inhuman or
degrading treatment and he is obliged to refuse to obey such an
order of a superior officer. Furthermore, he is obliged to initiate
a legal procedure aimed at eliminating this act as well as to have
the case investigated.
31. The new Act No.
LXXXVI of 1993 on the entry, stay and immigration of Aliens to Hungary
stipulates the legal guarantees regarding expulsion in full harmony
with the Convention. According to article 32, paragraph 1, no alien
shall be returned or expelled to a country where, for reasons of
race or religion or social status or political belief, he/she would
be subjected to fear of prosecution, as well as when there is a
well-founded reason to believe that the expelled alien would be
subjected to torture, inhuman or degrading treatment.
32. In the preamble
of this Act, the National Assembly of Hungary stipulates that the
enacting of these rules has been carried out in order to abide by
the obligations in the Charter of the United Nations, the Universal
Declaration of Human Rights, the International Covenant on Civil
and Political Rights and other international instruments.
33. See the relevant
statistical data in Part III.
34. During the reporting
period, there was no change in the relevant regulations.
35. The new Act on entry,
stay and immigration of aliens to Hungary and Act No. CXXXIX of
1997 on asylum (annex 8) provide appropriate regulations for custody
measures, in line with the provisions of the Convention. Article
36, paragraph 1 of the Act stipulates that custody shall be carried
out upon the initiative of the court, and it shall be ordered by
a formal written decision (para. 2). The alien custody may be ordered
for a period of up to five days and it may only be extended by the
competent court until the alien leaves the country. If the duration
of the custody exceeds 30 days, the court shall review monthly the
necessity of maintaining custody (para. 4). To order the alien into
custody more than six months (para. 5), the county (metropolitan)
court has exclusive jurisdiction to act. Article 37 of the Act guarantees
that the alien in custody shall be kept separate from those detained
for criminal offences.
36. Furthermore, if
requested (art. 38, para. 1) by the alien, or if it is mandatory
under international agreement, the competent authority shall inform
him or her, without delay, through the Ministry of Foreign Affairs,
of the nearest appropriate diplomatic or consular representative
of the State of which he/she is a national or, if he/she is a stateless
person, the representative of the State where he/she usually resides.
The competent authority (para. 2) shall act, as a temporary measure,
without delay in placing under proper care of family members the
alien taken into custody, who would remain otherwise unsupervised.
As well, the authority shall secure his valuables.
37. The Convention is
directly enforceable in Hungary (see paragraph 11).
38. During the reporting
period, two relevant new legal regulations have been enacted in
Hungary, Act No. XXXVIII of 1996 on mutual international judicial
assistance in criminal affairs has reregulated, in a comprehensive
manner, the system of international legal assistance, including
the question of extradition. The other Act has already been referred
to in article 7. All the new regulations are in full harmony with
the requirements of the Convention. As reported earlier, Hungary
has concluded a great number of bilateral judicial assistance agreements
with different States (see Hungary's initial report, CAT/C/5/Add.9,
39. In the course of
the reporting period Hungary has concluded further such agreements
with the United States of America and Australia. These agreements
are fully compatible with the provisions of the Convention.
40. The new Act on Mutual
International Judicial Assistance in Criminal Affairs guarantees
the widest possible legal cooperation. There is a legal possibility,
provided by the Act, for legal assistance according to international
convention, based upon bilateral agreements as well as on the basis
of reciprocity and even lack of reciprocity.
41. The basic guarantee
is given by Act No. XXXVIII of 1996. The Minister of Justice, as
well as the Chief Public Prosecutor, has the right to deny to carry
out legal assistance if there is reason to believe that a legal
procedure, punishment or execution to be expected abroad would not
be in harmony with the Hungarian Constitution or with the respective
international human rights conventions.
42. During the reporting
period, Hungary has concluded bilateral agreements for mutual judicial
assistance in criminal affairs with the United States of America
43. Furthermore, Hungary
also ratified and promulgated the so-called European Conventions
on mutual assistance in criminal affairs, on extradition and on
the transfer of sentenced persons.
44. In connection with
the issue of legal assistance, Hungary, by Act No. XXXIX of 1996,
has promulgated the Statute of the International Tribunal established
by the Security Council under Chapter VII of the Charter of the
United Nations, the International Tribunal for the Prosecution of
Persons Responsible for Serious Violations of International Humanitarian
Law Committed in the Territory of the Former Yugoslavia.
45. The Hungarian legal
system has been appropriately upgraded in the areas at issue and
the relevant legal environment corresponds to United Nations norms.
During the present phase, high priority is given to putting all
these provisions into day-to-day practice. A long-term programme
has been launched in Hungary with this purpose, especially in two
fields: information for the relevant human rights guarantees and
46. As for basic information,
it is noted that all international conventions to which Hungary
is a party are promulgated in the Official Gazette, which
is public and within easy reach for anybody. Appropriate publicity
is also given by the media, as well as in the printed and electronic
press. As regards the dissemination of the texts of all the human
rights instruments, the role of the Hungarian Academy of Sciences,
as well as the universities and high schools, is of paramount significance.
47. The Hungarian Centre
on Human Rights, within the Academy of Sciences, deals among other
things with the translation, publication and dissemination of the
relevant documents, including not only the legal instruments but
the publications of Hungarian and international experts as well.
Furthermore, it also registers Hungarian legal practice relating
to human rights and is involved in the preparation of curricula
in the field of human rights.
48. The activities of
different non-governmental organizations - television and radio
round-table discussions, seminars, publications - also represent
an important contribution to the promotion of awareness of human
rights norms and standards by the public. For example, the Hungarian
United Nations Association had so far issued nearly 20 publications
on this issue.
49. A good example of
Hungary's dissemination efforts is given by the above-mentioned
visit of the European Committee for the Prevention of Torture (CPT).
The Government has requested the publication of the full report
of the CPT, as well as its official follow-up comments and the related
Government Resolution (No. 2351 of 22 November 1995) on the practical
implementation of the recommendations and other findings of the
CPT (annex 5).
50. A wide-ranging professional
training programme was also worked out and launched for law enforcement
personnel, both civil and military, as well as for medical personnel,
public prosecutors, criminal detention and law enforcement officials,
policemen as well as all others involved in the custody, interrogation
or treatment of any individual subject to any form of arrest, detention
51. In 1996, at all
11 professional training institutions supervised by the Minister
of Interior, special basic, medium and upper-level education programmes
were launched, where human rights norms of the United Nations and
the Council of Europe are taught in a profound and global approach.
The legal basis for these new training requirements is dealt with
in Decree of the Minister of Interior, No. 38/1997 (VI.27), as well
as the Decree of the Minister of Labour, No. 22/1997 (XII.30).
52. A high priority
is given to systematic control activities, with a view to preventing
torture and similar forbidden activities. Under the latest amendment
of the Hungarian Constitution (Act No. LIX of 1997), it is the fully
independent organization led by the Chief Public Prosecutor, which
has the task of supervising and controlling the relevant activities
of the Hungarian authorities.
53. Following the visit
of the CPT to Hungary, the Chief Public Prosecutor, in harmony with
the recommendations formulated by the CPT, issued a circular (No.
2/1995/U.K. 11) which calls the attention of all public prosecutors
to the strict and consequent implementation of the provisions of
the relevant international conventions and of the domestic legal
obligations prohibiting torture and other inhuman or degrading treatment
or punishment. The circular requires a continuous obligation of
all public prosecutors (civil and military) to visit regularly,
at least once a month, all detention and penitentiary institutions
(prisons, holding facilities). Furthermore, once a year, the prosecutor's
offices shall work out a comprehensive report to the Chief Public
Prosecutor with their fact-finding, disciplinary initiatives, and
professional proposals for new arrangements.
54. The Ombudsman also
has a special control mechanism, dealt with above (para. 6).
55. The prompt and impartial
investigations of the competent authorities represent already a
continuous and effective day-to-day working practice in Hungary.
The concrete results of all these investigations are analysed by
the different statistical data for the reporting period in Part
III of the present report.
56. Recently, new legal
guarantees have been worked out to ensure that any complainant or
witness be protected against ill-treatment or intimidation. The
new Act amending the Code on Criminal Procedure (Act No. XCII of
1994, article 3) assures the possibility for any complainant or
witness of strictly confidential handling of all testimony, affidavits
as well as facts proved by him/her during a legal procedure.
57. The Act on the Police
(art. 21) as well as chapter VIII of the same Act on the obligations
for data handling gives a similar guarantee. (See also Act No. LXIII
of 1992 on the protection of personal data). The new Criminal Code
created two additional legal guarantees for the defence of personal
data interests, section 177/A of the Criminal Code on illegitimate
data handling, and article 177/B on the misuse of special personal
58. It is recalled that
the Convention is a directly enforceable law in Hungary. Consequently,
article 14, paragraph 1, ensures fair and adequate compensation
for the victim and also for his dependants. During the reporting
period, fundamental changes have taken place in Hungarian national
59. The new amendment
of the Constitution in Chapter XII, on fundamental rights and duties
(art. 55) stipulates: "Everyone shall have the right to liberty
and security of being. No one shall be deprived of his liberty,
except on such grounds and in accordance with such procedure, as
are determined by law." Furthermore, anyone who is a victim of unlawful
arrest or detention shall have the right to compensation.
60. The civil law regulations
for material compensation are provided by the Hungarian Civil Code
(arts. 339, 349 and 463). At the same time, detailed administrative
procedural rights have been stipulated by Minister of Justice Decree
No. 13/1996 (XII.23).
61. Act No. XXVI of
1989 on the modification of criminal procedure (art. 6O) provides
that any statement which is established to have been made as a result
of torture, or other legally forbidden pressure, shall not be invoked
as evidence in any proceedings, except against a person accused
62. As the Convention
is a directly enforceable law in Hungary, article 16, paragraph
1, forms the guarantee. Furthermore, chapter IV of Hungary's Criminal
Code on crimes related to the authority (arts. 225 to 228/A) is
an example for its interpretation in national law.
63. In this connection,
special attention has to be paid to articles 228 and 228/A. Article
228 on unlawful detention provides that the official person, who
unlawfully deprives another person of his/her personal freedom,
commits a felony and shall be punishable with imprisonment of up
to five years and, if the act causes grave consequences, up to eight
years. Article 228/A on violation of freedom of association and
assembly provides that the person who unlawfully impedes another
person in the exercise of his/her right to association or assembly
with violence or threats, commits a felony and shall be punishable
with imprisonment of up to three years.
64. As underlined in
paragraph 15, the CPT, during its fact-finding visit to Hungary,
heard no allegations of torture of persons held by the police establishments
and no other evidence of torture was found at all.
65. A high priority
was given to systematic control, formulated by the circular of the
Chief Public Prosecutor (as cited in paragraph 49). It requires
all public prosecutors (civil and military) to control at least
once a month all the detention and penitentiary institutions. Every
year, all the prosecutor's offices shall submit a comprehensive
report to the Chief Public Prosecutor, which is summarized and published.
66. As for the reporting
period, the statistical data published by the Chief Public Prosecutor
show repeated physical ill-treatments inflicted by police on detained
persons (forbidden under article 226 of the Hungarian Criminal Code).
67. Criminal procedures
have been carried out against "official persons" under article 226
of the Criminal Code, as follows: in 1993, four cases against five
persons; in 1994, three cases against three persons; in 1995, seven
cases against 30 persons; in 1996, 17 cases against 24 persons;
in 1997, seven cases against 17 persons.
List of annexes
The annexes are
available for consultation in the files of the Office of the United
Nations High Commissioner for Human Rights.
1. Report of the Hungarian Ombudsman for 1995-1996.
2. The Hungarian Constitution.
3. Act No. LIX of 1993
on the Ombudsman (Parliamentary Commissioner) for Human Rights.
4. Report of the Ombudsman
for national and ethnic minorities.
5. Report to the Hungarian
Government on the visit to Hungary carried out by the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (CPT) from 1 to 14 November 1994 and Comments of the
Hungarian Government. Follow-up reports on the implementation of
the recommendations contained in the CPT report.
6. Act No. IV of 1978
(as modified by Act No. XVII of 1993) on the Criminal Code.
7. Act No. XXXII of
1993 on the execution of criminal punishments and other criminal
8. Act No. CXXXIX of
1997 on asylum.