Detention of asylum-seekers and non-citizens
(9)
The Committee is concerned at the detention policy applied to asylum-seekers and other non-citizens,
including reports that they often face lengthy periods of detention, including in the context of the so-called
“alien policing procedure”, with detention for up to 12 months in alien policing jails maintained by the Border
Guard service (arts. 2, 11 and 16).
The State party should take measures to ensure that detention of asylum-seekers and other
non-citizens is used only in exceptional circumstances or as a last resort, and then only for the shortest
possible time, and that the rules of maximum-severity penitentiaries do not apply to these detention
facilities. The State party should also ensure that courts carry out a more effective judicial review of
the detention of these groups.
Non-refoulement
(10) The Committee notes with concern that individuals may not have been able, in all instances, to enjoy full
protection under the relevant articles of the Convention in relation to expulsion, return or extradition to another
country. The Committee is also concerned at information that the right of non-citizens seeking protection to
have access to the asylum procedure is not fully guaranteed at the border, and at reports of unlawful expulsions
of asylum-seekers and other non-citizens to third countries implemented by the Border Guard service (arts. 3
and 16).
The State party should ensure that it complies fully with article 3 of the Convention and that
individuals under the State party’s jurisdiction receive appropriate consideration by its competent
authorities and guaranteed fair treatment at all stages of the proceedings, including an opportunity for
effective, independent and impartial review of decisions on expulsion, return or extradition.
In this respect, the State party should ensure that the relevant alien policing authorities carry out a
thorough examination in accordance with section 43 (1) of the Aliens Act, prior to making an expulsion
order, in all cases of foreign nationals who have entered or stayed in Hungary unlawfully, in order to
ensure that the person concerned would not be subjected to torture, inhuman or degrading treatment
or punishment in the country where he/she would be returned. The State party should expand and
update its country of origin (COI) information database and take effective measures to certify that the
internal regulation about the obligatory use of the COI system is respected.
Training
(11) The Committee is concerned at the lack of specific training on the prohibition of torture, inhuman or
degrading treatment or punishment provided for law enforcement officials at all levels, including police officers,
prison staff, and personnel of the Border Guard and the Office of Immigration and Nationality (OIN). In addition,
the Committee regrets that there is no available information on the impact of the training conducted for law
enforcement officials and border guards, and how effective the training programmes have been in reducing incidents
of torture, violence and ill-treatment (art. 10).
The State party should further develop educational programmes to ensure that law enforcement
officials, prison staff and border guards are fully aware of the provisions of the Convention, that
breaches will not be tolerated and will be investigated, and that offenders will be prosecuted. All
personnel should receive specific training on how to identify signs of torture and ill-treatment, and the
Committee recommends that the Istanbul Protocol of 1999 (Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment)
become an integral part of the training provided to physicians. Furthermore, the State party should
develop and implement a methodology to assess the effectiveness and impact of such
training/educational programmes on the reduction of cases of torture, violence and ill-treatment.
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