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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