minorities were concerned, all of them had their respective associations. The
gypsies - the largest minority in Hungary - had formed about 150 associations on
various levels, which were very active in human rights-related activities.
There was also a parliament of gypsies which defended the rights of that
minority at the national level. As to professional groups, the influential
Hungarian Lawyers Association constituted a guarantee of respect for human
rights, including protection against torture. A bill on the rights of national
and ethnic minorities was before the Parliament. The bill had been discussed in
the Council of Europe at Strasbourg and had been found to represent a good
approach to the issue; it covered all aspects and needs of minorities, both
national and ethnic. A bill concerning the regulation of the media was being
debated in Parliament and it was hoped that it would shortly be enacted.
354. The representative further stated that a bill providing for Hungary’s
accession to the Second Optional Protocol to the International Covenant on Civil
and Political Rights was currently before the Parliament. Public opinion polls
had revealed a slight majority in favour of abolition of the death penalty.
Progressive abolition of harsh penalties was a tradition of Hungarian legal
doctrine, and it should not be difficult to follow up the Constitutional Court’s
opinion that the death penalty should be abolished not only for political
offences but also for other offences to which it had hitherto been applicable.
The representative explained that anyone could refer to the Convention in court
and judges could refer to it directly, but this had not been done so far because
the domestic law had proved to be adequate in this respect. Statistics
concerning cases of torture up to 1990 were available in the report; the later
statistics were only of a general character. The representative also provided
the Committee with a detailed description of the office of the ombudsman for the
protection of civil and political rights and of the ombudsman for the protection
of the rights of national and ethnic minorities in his country.
355. With regard to article 3 of the Convention, the representative said that if
no agreement existed with a country whose nationals should be prosecuted for
torture, Hungary would have recourse to the relevant provisions of the
Convention itself, and would extradite an alleged torturer even in the absence
of an extradition agreement.
356. With respect to article 4 of the Convention, the representative stated that
the punishment of acts related to torture could only be carried out according to
the Penal Code. Torture, as defined in the Convention, constituted in Hungarian
law an aggravating circumstance affecting certain acts which involved
deprivation of personal freedom. Article 228 of the Criminal Code sanctioned
punishments for such acts, and the penalties had been increased under Act 17 of
1993, which also obliged judges to deal very severely with such offences, taking
into account article 4 of the Convention.
357. As to whether Hungarian practice conformed to articles 6 and 7 of the
convention, the representative indicated that a national of another State
suspected of having committed an offence specified in the Convention was subject
to the same treatment and procedures as a Hungarian national. Under the
Convention, problems relating to extradition must be settled according to the
principles of universal jurisdiction. He also pointed out that Act XXXII issued
in 1993 provided that every detainee must be informed in his mother tongue of
his rights as they related to all phases and aspects of his detention.
358. In connection with article 10 of the Convention, the representative
informed the Committee that necessary information on human rights, including
that concerning the Convention against Torture, could be obtained by citizens
from the official gazette, the press and professional publications. In that
connection, he referred to the Acta Humana series published by the Hungarian
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