or making a statement, or to withhold information” by force or threat of force.221
There is no definition of torture or other ill-treatment included in the national criminal code.222 Between 2010 and 2018, four per cent or less, depending on the year,
of alleged perpetrators were charged.223 Of the small number of alleged perpetrators that were prosecuted, the number who were convicted ranged from 55 to 65
per cent per year.224 Additionally, those convicted between 2010 and 2013, the
majority received a suspended prison sentence or a fine. For those convicted of
“coerc[ing] another person into giving information or making a statement, or to
withhold information”, none received a custodial sentence. Since January 2012, the
Minister of Interior has been entitled to “restore” the eligibility of law enforcement
officers (police officers, penitentiary staff, etc.) sentenced to suspended imprisonment, potentially allowing those who have been convicted for torture or other
ill-treatment to continue working in spite of the seriousness of their offences.225
99. In a recent periodic review of a Central Asian OSCE participating State, the UN
Committee against Torture recommended that “the penalties for torture in its laws
reflect the grave nature of the crime; that the crime of torture is not subject to any
statute of limitations; and that perpetrators of torture are ineligible for amnesty
under the Amnesty Act.”226
221
222
223
224
225
226
60
shall be imprisonment between two to eight years if the criminal offense defined in Subsection (1)
is committed in a gang. (3) Any person who engages in preparations for mistreatment in official
proceedings is guilty of a misdemeanor punishable by imprisonment not exceeding one year. (4)
The penalty may be reduced without limitation if the perpetrator unveils the circumstances of the
criminal offense defined in Subsection (1) to the authorities before the indictment is filed.
Ibid., citing Act C of 2012 on the Criminal Code, Article 303: (1) Any public official who attempts
by force or threat of force, or by other similar means, to coerce another person into giving information or making a statement, or to withhold information, is guilty of a felony punishable by
imprisonment between one to five years. (2) The penalty shall be imprisonment between two to
eight years if the criminal offense defined in Subsection (1) is committed in a gang. (3) Any person
who engages in preparations for the interrogation of a person for the coercion of information by
force is guilty of misdemeanor punishable by imprisonment not exceeding two years. (4) The penalty may be reduced without limitation if the perpetrator unveils the circumstances of the criminal
offense defined in Subsection (2) to the authorities before the indictment is filed.
Ibid., Torture or other ill-treatment is, however, mentioned in the connection with trade in goods,
which could be used for capital punishment, torture or other ill-treatment (Article 17 of Council
Regulation (EC) No. 1236/2005 of 27 June 2005). According to Article 327 of the Criminal Code,
the penalty shall be imprisonment between two to eight years if s violation of international economic restriction is committed.
Questionnaire response Hungarian Helsinki Committee.
From 2010–2013, for which statistics were available.
Questionnaire response Hungarian Helsinki Committee citing legal basis up until 1 July 2015:
Act XLIII of 1996 on the Status of Members of the Armed Forces, Article 56 (6a); legal basis
since 1 July 2015: Act XLII of 2015 on the Service Status of the Professional Members of Law
Enforcement Services, Article 86 (10).
UN Committee against Torture, Concluding observations on the third periodic report of Tajikistan,
CAT/C/TJK/CO/3, (June 2018), para 14.
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