13
1.
The legal background
of the operation of the National
Preventive Mechanism
The State shall take effective legislative, administrative, judicial or other
measures to prevent acts of torture in any territory under its jurisdiction.12
1.1.
The Fundamental Law of Hungary
• No one shall be subject to torture, inhuman or degrading treatment
or punishment, or held in servitude. [Article III(1) of the Fundamental Law]
• No one shall be expelled or extradited to a State where he or she would
be in danger of being sentenced to death, being tortured or being subjected to other inhuman treatment or punishment. [Article XIV(3) of the
Fundamental Law13]
1.2.
International treaties
According to the Fundamental Law, in Hungary, the “rules for fundamental
rights and obligations shall be laid down in an Act”.14 Acts shall be adopted by
the Parliament.15 International treaties containing rules pertaining to fundamental rights and obligations shall be promulgated by an act.16
12
13
14
15
16
See Article 2 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, promulgated by Law-decree 3 of 1988.
Text established by the seventh amendment of the Fundamental Law, entered into force on
29 June 2018.
See Article 1(3) of the Fundamental Law.
See Article 1(2)b) of the Fundamental Law.
See Section 9(1) of Act L of 2005 on the procedure related to international treaties.
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