8 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 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter the “UNCAT”), promulgated by Law-decree 3 of 1988, entered into force in Hungary on June 26, 1987. The definition of torture was incorporated in Hungarian law on that date. According to Article 1 of the UNCAT, 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. - It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. In accordance with Article 3 of the UNCAT, “no State Party shall expel, return (“refouler”) 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”. States Parties shall submit to the UN Committee against Torture (hereinafter the “Committee”) periodical reports on the measures they have taken to give effect to their undertakings under the UNCAT. If the Committee receives reliable information from private persons or states, containing well-founded indications that a State Party does not comply with its obligations deriving from the Convention, the Committee may conduct an investigation. The Committee may initiate ex officio inquiries if there are well-founded indications that torture is being systematically practiced in the territory of a State Party.12 Documents published by the Committee, in particular its general comments, periodical reports by the States Parties 13, documents received via the complaints mechanism and the Committee’s annual reports serve as important guidelines for National Preventive Mechanisms.14 The Optional Protocol of the Convention against Torture and other Inhuman or Degrading Treatment or Punishment (hereinafter the “OPCAT”), promulgated by Act CXLIII of 2011, is open to accession by any State that has ratified or acceded to the UNCAT.15 Pursuant to the OPCAT, the protection of persons, deprived of their liberty, against torture and other cruel, inhuman or degrading treatment or punishment should be strengthened not through the court system, but using tools based on regular, preventive visits to places of detention. The objective of the Protocol 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.16 See Articles 19–22 of the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Information on the periodical reports submitted by Hungary may be found at: http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Countries.aspx?CountryCode=HUN&Lang=EN 14 Documents of the UN Committee against Torture may be found at: http://www.ohchr.org/en/hrbodies/cat/pages/catindex.aspx 15 See Article 27, Paragraph 3 of the OPCAT 16 See Article 1 of the OPCAT 12 13