Data collection
(12) The Committee regrets the fact that for certain areas covered by the Convention, the State party was unable
to supply statistics, or appropriately disaggregate those supplied (e.g. by age, gender and/or ethnic group). During
the current dialogue, this occurred with respect to, for example, the ethnicity of inmates and detainees, particularly
the Roma (art. 11).
The State party should take such measures as may be necessary to ensure that its competent
authorities, as well as the Committee, are fully apprised of these details when assessing the State
party’s compliance with its obligations under the Convention.
Conditions of detention
(13) The Committee is concerned that, notwithstanding the measures taken by the State party to improve
conditions of detention, there is continuing overcrowding in prisons. The Committee is also concerned at allegations
of some cases of ill-treatment by custodial/prison staff, including beatings and verbal abuse (arts. 11 and 16).
The State party should continue its efforts to alleviate the overcrowding of penitentiary institutions,
including through the wider application and use of alternative sentencing introduced by the new Act
on Criminal Proceedings and the establishment of additional prison facilities as needed. The prison
management should deliver a clear message to custodial/prison staff that ill-treatment is not
acceptable.
Ill-treatment and excessive use of force
(14) The Committee notes with concern some allegations of excessive use of force and ill-treatment by law
enforcement officials, especially in the course of or in relation to apprehension. In this respect, the Committee is
particularly concerned at reports emerging of alleged excessive use of force and ill-treatment by the police during
the demonstrations in Budapest in September and October 2006 (arts. 12 and 16).
The State party should give higher priority to efforts to promote a culture of human rights by ensuring
that a policy of zero tolerance is developed and implemented at all levels of the police-force hierarchy
as well as for all staff in penitentiary establishments. Such a policy should identify and address the
problems, and should include the new Code of Conduct for Police Interrogations and introduce a code
of conduct for all officials as well as regular monitoring by an independent oversight body. The State
party should take measures to ensure that law enforcement officials only use force when strictly
necessary and to the extent required for the performance of their duty.
(15) The Committee is concerned at reports that law enforcement officers did not carry identification badges
during the Budapest demonstrations, which made it impossible to identify them in case of a complaint of torture or
ill-treatment (art. 13).
The State party should ensure that all law enforcement officials be equipped with visible identification
badges to ensure the protection against torture, inhuman or degrading treatment or punishment.
Prompt and impartial investigations
(16) The Committee is concerned at the number of reports of ill-treatment by law enforcement agencies, the
limited number of investigations carried out by the State party in such cases, and the very limited number of
convictions in those cases which are investigated (arts. 12 and 16).
The State party should:
(a)
Strengthen its measures to ensure prompt, impartial and effective investigations into all
allegations of torture and ill-treatment committed by law enforcement officials. In particular, such
investigations should not be undertaken by or under the authority of the police, but by an independent
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