A/HRC/18/17 majority of the National Assembly, and that Council members were required to have no political party affiliation and were not to accept instructions from anyone. 18. Regarding the questions on hate crimes, the delegation stated that cases of violent acts motivated by racism and xenophobia were punishable by the Criminal Code and racist motivation constituted an aggravating circumstance for several other crimes. Victims of racially motivated crimes were entitled to State assistance. 19. The delegation stated that the domestic legislation on equal treatment and the promotion of equal opportunities defined and prohibited direct discrimination as well as prohibited indirect discrimination. The Constitution and legislation also provided guarantees for equal treatment and several legal remedies in case of discrimination. Furthermore, the Equal Treatment Authority was responsible for the investigation of complaints about discrimination. 20. Any act that might appear as “domestic violence” was already covered by the existing crimes and offences provided for in the Criminal Code. Since such violent acts did not differ, whether committed against a member of the family or against a third person, it was believed that there was no need to have domestic violence defined as a separate crime to avoid duplication in the Code. 21. In response to questions regarding the national human rights institutions the delegation reported that the application process for the accreditation of the office of the Parliamentary Commission by the International Coordinating Committee had started. 22. While reporting on the initiative to adopt a new Criminal Code in 2011, the delegation gave assurances that due attention would be given to ensure that the new Code include a definition of torture in line with the requirements of the Convention against Torture. 23. The delegation reported that detention of a person entering the country illegally was not ordered as a punishment for illegal border-crossing but rather it might be necessary to ensure the implementation of expulsion. The detention should be immediately terminated when the person concerned is granted international protection and the purpose of detention no longer existed. The legality of the detention was ensured by continuous judicial control. Additionally, the person concerned could appeal this decision. 24. In response to questions on the right to health and the preventive health care system, the delegation reported on the age-based screening programme for citizens within the framework of the National Public Health Programme, which included, inter alia, mammography, cytology, and colonoscopy. 25. Regarding the steps to combat torture, the delegation explained that the Criminal Code provided for the crimes of ill-treatment and forced interrogation and it penalized the indirect commission of such crimes. Moreover, an Independent Police Complaints Board, which consisted of independent experts, was established in 2008 to examine alleged violations of fundamental rights by the police. 26. The domestic legislation ensured the principle of non-refoulement and the relevant authorities were required to verify whether the principle of non-refoulement was respected before the implementation of a decision on return. The person concerned was also entitled to request a remedy against the decision on return before a court. 27. As to measures to combat human trafficking, the delegation reported that human trafficking was criminalized and forced labour linked to trafficking was addressed by the legal provisions on human trafficking. Hungary had established excellent cooperation with Switzerland, Italy and Romania and also established a national coordination mechanism to effectively combat human trafficking. 5

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