Amnesty International Report 1999 - Hungary

HUNGARY

There were reports that detainees were ill-treated by police officers.

In November the UN Committee against Torture considered Hungary's third periodic report on its implementation of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Committee was concerned that the provisions of Article 123 of the Criminal Code makes torture punishable only if the perpetrator was aware that the acts committed constitute a criminal offence. It was also concerned about "the persistent reports that an inordinately high proportion of detainees is roughly handled or treated cruelly before, during and after interrogation by the Police". The Committee recommended the implementation of all necessary measures, particularly prompt access to a defence counsel after arrest and improved training of the police, and urged the authorities to re-examine Article 123 and ensure that it is consistent with the terms and purposes of the Convention.

Ill-treatment by police was reported during the year. For example, in July, in the 13th District of Budapest, the capital, a police patrol stopped Martón Ill, Director of the Magyar Emberi Jogvedo Kozpont, Hungarian Centre for Defence of Human Rights, a local non-governmental organization. He was driving to Balassagymatra, accompanied by three men, to testify in a court hearing concerning an asylum application. After the police inspected the car, Martón Ill asked them for a statement that would explain to the court the reason for his delay, but this was refused by the officer in charge. When Martón Ill persisted with his request, the officer became abusive and was reported to have violently twisted Martón Ill's right arm behind his back and handcuffed his wrists. Martón Ill was then taken to the police car, where the same officer reportedly continued to verbally abuse him. The officer repeatedly punched him on the left side of his head, breaking his glasses, and all over the back, arms and abdomen. Martón Ill sustained injuries to the mouth, lower back and wrists. His right foot was injured when he kicked and broke one of the police car's windows as he was being punched. He was taken to the 13th District Police Station where he asked to contact his lawyer and his relatives, but this was refused. Half an hour later an ambulance came and a doctor treated his injuries, but the police reportedly did not allow the ambulance to take him to hospital. Martón Ill's lawyer arrived at the police station later that afternoon and a statement was made about the ill-treatment.

In July Amnesty International urged the Chief Public Prosecutor to ensure that investigations into all incidents of ill-treatment were carried out promptly and impartially. In October the Chief Public Prosecutor replied that an officer had been charged with causing light physical injury to Mónika Gogös in 1997 and that three officers had been charged with assault of a Russian national in a Budapest police station (see Amnesty International Report 1998). The investigation into the ill-treatment of László Máté (see Amnesty In-ternational Report 1998) was terminated because of insufficient evidence that a criminal offence had been committed. The complainant was reportedly unable to identify conclusively the person who had injured his left eye. The Budapest Public Prosecutor ordered an investigation into Martón Ill's complaint; it had not been completed by the end of the year.