12 1. The legal background of the National Preventive Mechanism’s operation Session XXI, on December 16, 1966, promulgated by Law-decree 8 of 197610, “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” From the aspect of performing the tasks of the National Preventive Mechanism, Article 10, Paragraph (1) of the Convention, stipulating that “all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person,” is of major significance as well. Under Article 37 of the Convention on the Rights of the Child, adopted in New York on November 20, 1989, promulgated by Act LXIV of 1991, States Parties shall ensure that “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offenses committed by persons below eighteen years of age”. Under Article 15 of the Convention on the Rights of Persons with Disabilities, promulgated by Act XCII of 2007, “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. States Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment.” The international convention against torture and other cruel, inhuman or degrading treatment or punishment (hereinafter the “UN Convention”), promulgated by Law-decree 3 of 1988, entered into force in Hungary on June 26, 1987. The concept of torture was introduced into Hungarian law with the UN Convention’s entry into force. Under Article 1 of the UN Convention, 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 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. 10 10 Prior to January 1988, in the field of legislation, the Presidium of the People’s Republic (hereinafter the “Presidium”) had the power of substitution for the Parliament, with the proviso that it could not amend the Constitution and could not adopt any legal instrument named “Act.” Statutory-level legal instruments adopted by the Presidium were called lawdecrees. As of the abolishment of the Presidium, no law-decree may be adopted. Law-decrees still in effect may be amended or repealed only through an Act. /See Clause IV/2 of Decision 20/1994 (IV. 16.) of the Constitutional Court. /