1.2. International instruments In addition to the above, under Article 16, Paragraph (1) of the UN Convention, each State Party shall undertake to prevent in any territory under its cruel, inhuman or degrading treatment or punishment jurisdiction other acts of “cruel, which do not amount to torture as defined in article 1, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.” Under Article 3 of the UN Convention, no State Party “shall expel, return or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.” State Parties shall submit periodical reports to the UN Committee against Torture (hereinafter the “Committee”) on their compliance with their obligations deriving from the UN Convention and the measures taken by them. The Committee may investigate complaints lodged by States or private persons alleging that a certain State Party fails to comply with its obligations deriving from the UN Convention. The Committee itself may initiate an inquiry into any reliable information based on which it may believe that torture is regularly applied on the territory of a State Party.11 Documents published by the Committee, in particular, its general comments, periodical reports by the State Parties,12 documents originating from the complaints mechanism, as well as the Committee’s annual reports, serve as important guidelines for the National Preventive Mechanisms.13 The Optional Protocol to the Convention against Torture and other Inhuman or Degrading Treatment or Punishment, promulgated by Act CXLIII of 2011, is open to accession by any State that has ratified or acceded to the Convention.14 According to the OPCAT, the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment may be strengthened not by judicial means but through means based on the regular preventive inspection of places of detention. In the system established by the OPCAT, independent international and national bodies make regular visits to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.15 11 12 13 14 15 See Articles 19 through 22 of the international convention against torture and other cruel, inhuman or degrading treatment or punishment. Information on the periodical reports submitted by Hungary may be obtained at: http:// tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Countries.aspx?CountryCode=HUN &Lang=EN Documents published by the UN Committee against Torture (CAT) may be obtained at: http://www.ohchr.org/en/hrbodies/cat/pages/catindex.aspx See Article 27, Paragraph (3) of the OPCAT. See Article 1 of the OPCAT. 13