Conclusions and recommendations
338. The Committee recalled that when it had examined the initial report of
Panama on 23 April 1991 it had concluded that the Government of Panama in its
next report should, inter alia, take into account the various questions raised
and remarks made by the members of the Committee and provide a full description
of the legislative measures taken to implement each article of the Convention in
practice. The Committee was of the view that the first supplementary report
fulfilled all those expectations.
339. It concluded that the legal system in Panama was generally in accordance
with the principles contained in the Convention, although it appeared that
article 34 of the Panamanian Constitution, which related to police officers and
provided for the defence of superior orders in the perpetration of an act of
torture, did not comply with article 2, paragraph 3, of the Convention.
340. The Committee also concluded that the
consideration of the report appeared to be
protection of human rights. The Committee
the penal system in place in Panama and of
legal system as described during the
geared towards the highest possible
also took note with satisfaction of
its principle of "non-imprisonment".
341. In addition, the Committee expressed its satisfaction with the timing and
content of the report considered and expressed the hope that the Government of
Panama would soon make a declaration to accept the provisions of article 22 of
the Convention.
Hungary
342. The second periodic report of Hungary (CAT/C/17/Add.8) was considered by
the Committee at its 141st, 142nd and 145th meetings, on 21 and 23 April 1993
(see CAT/C/SR.141, 142 and 145).
343. The report was introduced by the representative of the State party, who
declared that during the reporting period Hungary had undergone a profound and
fundamental change. The communist one-party system with its socio-political
order had been replaced by a pluralist society, a functioning democracy and the
rule of law. Respect for human rights and fundamental freedoms had been a major
driving force of that transition. The change of regime and modifications to the
national legislation, especially to the constitution and penal laws that
accompanied it, had brought the Hungarian system of law virtually into line with
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment. Particular importance was attached to the establishment of the
Constitutional Court which had ruled, inter alia, in its decision No. 23/1990,
that capital punishment was contrary to the constitutional provisions
prohibiting limitations on the very substance of the right to life and human
dignity (articles 8.2 and 54.1 of the Constitution).
344. During the period under review Hungary had withdrawn its reservations
concerning articles 20 and 30, paragraph 1, of the Convention and it had
recognized by declaration the competence of the Committee under articles 21
and 22 of the Convention. In addition. Hungary was in favour of the elaboration
of the optional protocol to the Convention against Torture by a working group of
the Commission on Human Rights.
345. The members of the Committee thanked the Government of Hungary for its
timely report, which provided clear and complete answers to the many questions
put by the Committee during the consideration of the initial report. They noted
that the crime of torture could be punished in accordance with articles 226
to 228 of the Criminal Code, although they found the maximum penalties laid down
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