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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