10 whether or not the authorities of the High Contracting Party have infringed on any provision of the European Convention on Human Rights. Based on the ECHR’s case-law, torture implies serious and willful cruelty that, in the absence of grave physical or psychological damage, cannot be established. Inhuman treatment or punishment causes serious physical and psychological suffering, if not necessarily physical damage. Degrading treatment or punishment means, in fact, inducing fear, anguish and a sense of inferiority that are suitable to break physical and mental resistance in the person concerned.24 Among ECHR decisions based on Article 3, in particular those analyzing issues related to detention conditions and the treatment of persons deprived of their liberty (hygienic conditions, ill-treatment by fellow detainees and the guards, crowdedness, solitary confinement, juveniles in detention, detention under immigration laws, physical and mental health of the detainees etc.) may provide guidance for the National Preventive Mechanism’s activities.25 Hungary acceded to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter the “European Convention for the Prevention of Torture”), dated in Strasbourg on November 26, 1987, promulgated by Act III of 1995, on November 4, 1993; its provisions are in effect as of March 1, 1994.26 Article 1 of the European Convention for the Prevention of Torture established the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter the “CPT”). The CPT’s task is, “by means of visits, to examine the treatment of persons deprived of their liberty with a view to strengthening, if necessary, the protection of such persons from torture and from inhuman or degrading treatment or punishment”. Following each visit, the CPT prepares a report containing, in addition to the facts experienced during the visit, the body’s comments thereon and recommendations to the authorities concerned as well. The CPT visited Hungary on eight occasions.27 The body met with the Parliamentary Commissioner for Civil Rights for the first time during its periodical visit in 199928; later on it would visit the institution on each occasion. I received in my Office the participants of the CPT’s latest ‘ad hoc’ visit to Hungary on October 21, 2015.29 Since the Protocol’s provisions “shall not affect the obligations of States Parties under any regional convention instituting a system of visits to places of detention”30, the CPT’s reports on its visits to Hungary are of major importance for me. When drafting the first annual schedule of visits by the National Preventive Mechanism, I took into account the conclusions of the CPT’s reports on its latest periodical visits to Hungary, their recommendations addressed to the Government, and the latter’s responses thereto.31 The comprehensive standards32 worked out by the CPT relative to the treatment of persons deprived of their liberty interpret the prohibition of torture, inhuman or degrading treatment or punishment, as stipulated by Article 3 of the European Convention on Human Rights, from the aspects of the practical operation of various places of detention (e.g., prisons, police lockups, See: Judgement of the European Court of Human Rights, Ireland v. the United Kingdom (18 January 1978) Clause 167 See: Factsheets on ECHR’s case-law at: http://www.echr.coe.int/Pages/home.aspx?p=press/factsheets 26 See Section 3 of Act III of 1995 27 Information on the CPT's visits to Hungary so far may be found at: http://www.cpt.coe.int/en/states/hun.htm 28 The ombudsman institution, then called the Parliamentary Commissioner for Civil Rights, started its operation on July 1, 1995. 29 The CPT has not published yet its report on its 'ad hoc' visit conducted between October 21–27, 2015. 30 See Article 31 of the OPCAT 31 See CPT/Inf (2014) 13 and CPT/Inf (2014) 14. 32 See: CPT standards CPT/Inf/E (2002) 1 - Rev. 2015. 24 25