11 In Hungary, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter the “UN Convention against Torture”), promulgated by Lawdecree 3 of 1988, entered into force on June 26, 1987. The definition of torture was introduced to Hungarian law upon the entering into force of the UN Convention against Torture. Pursuant to Article 1 of the UN Convention against Torture, the term “torture” means any act - by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person - for such purposes as obtaining from him or from a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating 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 the “ill-treatment”)13 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, claiming 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 being systematically practiced in the territory of a State Party. 14 Documents published by the Committee, including, in particular, its general comments, the periodic reports of the States Parties,15 documents generated within the frameworks of the complaints mechanism, and the Committee’s annual reports provide important guidelines to the National Preventive Mechanisms.16 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.17 According to the OPCAT, the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment may be ensured not through judicial means but via regular, preventive visits to the various places of detention. In the system established by the OPCAT, regular visits are undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.18 See Clause 3, CAT/C/GC/2 See Articles 19 to 22 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment 15 Information on the periodic reports submitted by Hungary may be found http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Countries.aspx?CountryCode=HUN&Lang=EN 16 The documents of the UN Committee against Torture (CAT) may be found http://www.ohchr.org/en/hrbodies/cat/pages/catindex.aspx 17 See Article 27.3 of the OPCAT 18 See Article 1 of the OPCAT 13 14 at: at: