Case No Country Mandate(s) Summary of the allegation transmitted Reply HUN 1/2013 12/03/2013 Hungary JUA Adequate housing; Extreme poverty; 14/03/2013 Alleged potential detrimental impact on the realization of human rights of homeless 19/04/2013 persons by the recent adoption of article 8 of the Fourth Amendment to Hungary’s Fundamental Law. According to the information received, on 11 March 2013 the Hungarian Parliament adopted the Fourth Amendment to Hungary’s Fundamental Law. Reportedly, article 8(3) of the amendment states: “an Act of Parliament or local government decree may outlaw the use of certain public spaces for habitation in order to preserve the public order, public safety, public health and cultural values.” Concern has been raised that article 8(3) authorizes national and municipal legislation to criminalize sleeping in public spaces. Allegedly, such legislation will have a disproportionate impact on homeless persons and may impede their enjoyment of various human rights, including the right to an adequate standard of living, the right to adequate housing, freedom of movement and the right to liberty and security of person. Furthermore, this amendment contradicts a recent decision taken by the Hungarian Constitutional Court (decision II/1477/2012), which annulled previous legislation that criminalized habitual living in public spaces. IND 3/2013 12/03/2013 India JAL Independence of judges and lawyers; Summary executions; Torture; Alleged execution after proceedings that did not comply with international standards of fair trial and due process guarantees. According to information received, Mr. Mohammad Afzal Guru, aged 43, was executed at Tihar jail, New Delhi on 9 February 2013 after being sentenced to death in December 2002 for his involvement in attacks on 13 December 2001 at the Indian Parliament in New Delhi, during which nine people were killed. Reportedly, Mr. Guru only received legal representation after he confessed. His confession, which he subsequently retracted, was allegedly obtained through torture. It is also reported that the Government-appointed legal representative failed to conduct a thorough cross-examination of evidence and witnesses. Mr. Guru‘s appeal for clemency was rejected on 3 February 2013. He was allegedly denied judicial review of the decision rejecting his mercy petition. The execution reportedly took place in secrecy and his wife was refused return of the body. A/HRC/24/21 14 Date Type