Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January-June 2007
are promptly, thoroughly, independently
and impartially investigated.
On 6 February, the UN Committee against
Torture (CAT) made public its concluding
observations on Hungary´s compliance with
the
International
Convention
against
Torture and Other Cruel, Inhuman or
Degrading
Treatment
or
Punishment
(Convention against Torture). The CAT
expressed its concern at the length of the
initial pre-trial detention phase (up to 72
hours), at ongoing pre-trial detention on
police premises and the high risk of illtreatment which it entails and greatly
regreted that pre-trial detention of up to
three years is provided for under the
Criminal Procedure Act.
In addition, the CAT was concerned that
minors were held with adults during pretrial detention and noted that the need for
them to be held separately should be
included in the Draft Penitentiary Code. It
also expressed concerns at allegations that
fundamental legal safeguards for persons
detained by the police or Border Guard staff,
including the rights of access to a lawyer
and medical examination, are not being
observed in all situations.
The CAT also noted with concern the
allegations of excessive use of force and illtreatment by law enforcement officials,
especially in the course of or in relation to
apprehension. It expressed its concerns 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. 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 were also objects of
concern to the CAT.
The CAT expressed continuing concerns
about reports of police ill-treatment of and
discrimination against persons belonging to
national minorities and non-citizens by law
enforcement officials and regretted the lack
of information about any assistance
Amnesty International
61
provided to victims of trafficking and
training of law enforcement personnel and
other relevant groups.
The CAT observed that all elements of the
definition of torture as provided by Article 1
of the Convention against Torture are still
not included in the Criminal Code.
Update on the Case of Ángel Mendoza
(see AI Index: EUR 01/001/2007)
Charges relating to an alleged attack on
police officers by Ángel Mendoza and his
14-year-old
friend
during
the
demonstrations of September 2006 were
withdrawn in March. They were both
detained on the night of 20 September in
Budapest, when they were trying to return
safely to their building, close to where the
main demonstration was taking place. They
were both sent to the 10th District police
station on Harmat Street and detained
there. While Ángel Mendoza and other
detainees were waiting in the in the
reception of the police station, a group of
policemen arrived and reportedly started to
insult them and hit them with batons.
According to medical reports, Ángel
Mendoza’s nose was broken and one rib
seriously damaged. The case against the
police officers involved in the reported illtreatment against Ángel Mendoza and the
other detainees is still on-going. Both Ángel
Mendoza and his friend were represented
by the human rights organization Hungarian
Helsinki Committee.
Conditions of detention
Detention of asylum-seekers and noncitizens
As part of its February review (see above),
the CAT expressed concern at the detention
policy applied to asylum-seekers and other
non-citizens, including reports that they
often face lengthy periods of detention,
including in the context of the so-called
“alien policing procedure”, with detention
for up to 12 months in alien policing jails
maintained by the Border Guard service.
AI Index: EUR 01/010/2007
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