Practice Relating to Rule 100. Fair Trial Guarantees
Section E. Necessary rights and means of defence
Hungary’s Military Manual (1992) provides that accused prisoners of war shall be granted rights and means of defence.
In 2004, in its second periodic report to the Committee on the Rights of the Child, Hungary stated:
[T]he actual presence of a defence lawyer, the right to a defence, and the fundamental constitutional rights … must be guaranteed to all accused in practice at every stage of the procedure … Guaranteeing a defence does not only mean the obligation of the appointed lawyer to be present at the trial; it also includes the obligation to keep continuous contact with the accused, which is crucial for an effective defence.
In 2004, in its fourth periodic report to the Committee against Torture, Hungary stated:
According to the International Covenant on Civil and Political Rights everyone has full and equal rights to have adequate time and opportunity to provide for the preparation of his defence and to contact the defence lawyer of his choice. The term “adequate contact” in the Covenant comprises the conditions assuring effective and timely defence, which substantively includes free and uncontrolled contact with the defence lawyer, including the direct exchange of documents. The absence of this hinders timely and effective defence, thereby jeopardizing the right to defence.