Practice Relating to Rule 100. Fair Trial Guarantees
Section J. Compelling accused persons to testify against themselves or to confess guilt
In 2004, in its second periodic report to the Committee on the Rights of the Child, Hungary stated:
Act XXXIV of 1994 on the police also stipulates the prohibition of torture, extorting testimonies, and cruel, inhuman or humiliating treatment in line with international requirements, and regulates the most important guarantee provisions applicable to the use of means of extortion at the level of laws. According to the law, police officers shall not use torture, extortion of testimonies, or cruel, inhuman or humiliating treatment and shall refuse instructions to this effect given by their superiors. In addition, police officers shall take measures against persons exhibiting such behaviour for the sake of prevention, and initiate legal proceedings and investigations. Pursuant to the Decree of the Minister of the Interior No. 19/1995 on the procedures in police jails, the detainee shall be treated with respect for his human dignity in the course of any action.
In 2004, in its fourth periodic report to the Committee against Torture, Hungary stated:
124. Torture within the meaning of the Convention violates section 226 (ill-treatment in official proceedings) or 227 (forced interrogation) of the Hungarian Criminal Code. If in addition to these offences bodily assault is also committed, the conduct is evaluated as constituting a cumulative crime.
125. The texts of the legal provisions governing the above-mentioned offences are as follows:
“Maltreatment in official proceedings:
“Section 226: The official person who commits assault upon another person during his proceedings, commits a misdemeanour, and shall be punishable with imprisonment of up to two years.”
“Section 227: The official person who – with the aim of forcing a confession or declaration – applies violence, menace, or other similar methods, commits a felony and shall be punishable with imprisonment of up to five years.”
126. In respect of such conduct, or the use of unauthorized bodily force, or orders calling for the commission of bodily assault, it has to be mentioned that official members of the armed forces and the police are supposed to know the legal provisions that govern their operation, rights and obligations. In the case of such offences, a subordinate member of the police or the armed forces shall not successfully allege that he acted upon an order. A knowledge of the above-cited legal provisions and regulations and of the relevant provisions of the Criminal Code is a prerequisite for admission into the service for official members. Therefore, in practice, official members of the police or the armed forces shall not use an excuse of non-familiarity with the relevant laws.