1.2. International treaties to torture or to inhuman or degrading treatment or punishment”. Unlike the UN instruments, Article 3 of the European Convention on Human Rights does not use the expression “cruel.” Compliance with the obligations stipulated in the European Convention on Human Rights and its protocols, including the prohibition of torture, inhuman, degrading treatment or punishment, provided for in Article 3, is monitored mainly by the European Court of Human Rights (hereinafter the “ECHR”). Pursuant to the European Convention on Human Rights, the ECHR may receive applications from any person, non-governmental organization or group of individuals claiming to be the victim of a violation of the rights set forth in the Convention within a period of six months after all domestic remedies have been exhausted.28 In addition, any High Contracting Party may refer to the Court any alleged breach of the provisions of the Convention by another High Contracting Party.29 In the course of its proceedings, the European Court shall determine whether the authorities of the state concerned have violated any article of the European Convention on Human Rights. According to the ECHR’s case-law, torture means serious and deliberate cruelty that cannot be established in the absence of serious physical and/or mental injuries. Inhuman treatment or punishment causes, if not actual bodily injury, at least intense physical and mental suffering. Degrading treatment or punishment is such as to arouse in their victims feelings of fear, anguish, and inferiority, capable of humiliating and debasing them and possibly breaking their physical or moral resistance.30 From the aspects of the National Preventive Mechanism’s activities, particularly those, Article-3-related, judgements of the ECHR have relevance which deal with the conditions of detention and issues related to the treatment of persons deprived of their liberty (hygienic conditions, abuse by fellow detainees or guards, crowdedness, solitary confinement, detention of minors, detention under immigration laws, physical and mental health of the detainees, etc.).31 Hungary acceded to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, signed in Strasbourg on 26 November 1987, promulgated by Act III of 1995, on 4 November 1993; its provisions are to be applied as of 1 March 1994.32 28 29 30 31 32 Articles 34 and 35 of the European Convention on Human Rights. Article 33 of the European Convention on Human Rights. Judgement of the European Court of Human Rights, Ireland v. the United Kingdom (18 January 1978), Clause 167. Factsheets on ECHR’s case-law. Available at: http://www.echr.coe.int/Pages/home.aspx?p= press/factsheets See Section 3 of Act III of 1995. 17

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