CAT/C/HUN/CO/4
page 4
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