9
Introduction
In accordance with the Fundamental Law of Hungary, no one shall be subject to torture, inhuman or degrading treatment or punishment.1 The State
shall take effective legislative, administrative, judicial or other measures to
prevent acts of torture or other cruel, inhuman or degrading treatment or
punishment in any territory under its jurisdiction.2
Hungary ratified the Optional Protocol to the Convention against Torture and other Inhuman or Degrading Treatment or Punishment (hereinafter the “OPCAT”) on January 12, 2012.3 The objective of the OPCAT is
to establish a system of regular visits 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.4
The Parliament delegated the tasks of the national body carrying out
regular visits to places of detention (hereinafter the “National Preventive
Mechanism, NPM”) to the Commissioner for Fundamental Rights, acting
as a constitutional institution and responsible solely to the Parliament.
2016 was the second year when, in addition to my general activities aimed at protecting fundamental rights, stipulated in Article 30
of the Fundamental Law, I also carried out the tasks of the National
Preventive Mechanism. I regularly published my reports on the visits
conducted as NPM on the website of my Office – these reports were
widely covered by the press.
As I have to prepare annual, comprehensive reports on performing the
tasks of the National Preventive Mechanism, I am complying with this
obligation hereby.5
1
2
3
4
5
See Article III, Paragraph (1) of the Fundamental Law.
See the international convention against torture and other cruel, inhuman or degrading
treatment or punishment, promulgated by Law-decree 3 of 1988.
See the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment, promulgated by Act CXLIII of 2011.
See Article 1 of the OPCAT.
See Section 39/C of Act CXI of 2011 on the Commissioner for Fundamental Rights (hereinafter the “Ombudsman Act”).