11 1. The legal background of the National Preventive Mechanism’s operation The State shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.6 1.1. The Fundamental Law of Hungary • No one shall be subject to torture, inhuman or degrading treatment or punishment, or held in servitude. /Article III, Paragraph (1) of the Fundamental Law/ • No one shall be expelled or extradited to a State where he or she would be in danger of being sentenced to death, being tortured or being subjected to other inhuman treatment or punishment. /Article XIV, Paragraph (2) of the Fundamental Law/ 1.2. International instruments According to the Fundamental Law, in Hungary “rules for fundamental rights and obligations shall be laid down in an Act.” 7 Legislation falls within the tasks and competences of the Parliament.8 International instruments stipulating the rules governing fundamental rights and obligations shall be promulgated by an Act.9 1.2.1. UN instruments By virtue of Article 7 of the International Covenant on Civil and Political Rights (hereinafter the “Covenant”), adopted by the UNGA on its 6 7 8 9 See Article 2 of the international convention against torture and other cruel, inhuman or degrading treatment or punishment, promulgated by Law-decree 3 of 1988. See Article I, Paragraph (3) of the Fundamental Law. See Article 1, Paragraph (2), Subparagraph b) of the Fundamental Law. See Section 9, Subsection (1) of Act L of 2005 on procedures related to international instruments.