1.2. International treaties or coercing him or a third person, or for any reason based on discrimination of any kind, • when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In addition to the above, pursuant to Article 16.1. of the UN Convention against Torture, each State Party shall undertake to prevent in any territory under its jurisdiction other acts of “cruel, inhuman or degrading treatment or punishment (hereinafter collectively: “ill-treatment”)18 which do not amount to torture as defined in article 1, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity”. In accordance with Article 3 of the UN Convention against Torture, “no State Party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture”. The States Parties shall inform the UN Committee against Torture (hereinafter the “Committee”), in the form of periodic reports, on the performance of their obligations deriving from the UN Convention against Torture and any new measures taken by them. The Committee may inquire into complaints, submitted by states or private persons, that claim that any State Party fails to comply with its obligations deriving from the UN Convention against Torture. The Committee may launch an inquiry if it receives reliable information which appears to it to contain well-founded indications that torture is systematically practised in the territory of a State Party.19 Documents published by the Committee, including, in particular, its general comments, the periodic reports of the States Parties,20 documents generated within the frameworks of the complaints mechanism, and the Committee’s annual reports provide important guidelines to the National Preventive Mechanisms.21 The Optional Protocol to the Convention against Torture and Other Inhuman or Degrading Treatment or Punishment, promulgated by Act CXLIII of 2011, is open to accession by only those States that have ratified or acceded to the Convention.22 18 19 20 21 22 See: UN Committee Against Torture (CAT ) General Comment No. 2 (Clause 3 of CAT/C/GC/2). See Articles 19 to 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Information on the periodic reports submitted by Hungary are available at http://tbinternet. ohchr.org/_layouts/TreatyBodyExternal/Countries.aspx?CountryCode=HUN&Lang=EN The documents of the UN Committee against Torture (CAT) are available at http://www. ohchr.org/en/hrbodies/cat/pages/catindex.aspx See Article 27(3) of the OPCAT. 15

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