them. He argues that in a fair trial all witnesses requested should be summoned; that the Court did not find it necessary to summon the witness requested by him, is, according to the author, a violation of the presumption of innocence. He finally submits that the trial records would support his allegations, but that he does not have the means to have them translated. Examination of the merits 8.1 The Human Eights Committee has considered the present communication in the light of all the information made available to it by the parties, as provided in article 5, paragraph 1, of the Optional Protocol. 8.2 The Committee welcomes the detailed investigation initiated by the State party with regard to the author's claim that the circumstances in detention violated his rights under article 10 of the Covenant. The Committee notes that the State party has not objected to the competence of the Committee to consider this claim, although it relates to events that occurred prior to the entry into force of the Optional Protocol for Hungary, albeit after the entry into force of the Covenant. In these specific circumstances, the Committee considers that it is not precluded from examining the allegation. 8.3 As to the substance of the claim, the Committee considers that, in the light of the information provided by the State party, it cannot be concluded that the food was insufficient and that the author was made to wear rags. However, the Committee notes that the State party does not dispute the author's allegation that he was allowed only five minutes per day for personal hygiene and five minutes for exercise in the open air. The Committee considers that such limitation of time for hygiene and recreation is not compatible with article 10 of the Covenant. 8.4 As to the author's claim that he had not been able to obtain a copy of the indictment before the first day of the trial, the Committee notes that the State party has contested this allegation. In the absence of any further comments of the author, the Committee finds that the facts before it do not disclose a violation of article 14, paragraph 1, of the Covenant. 8.5 As to the author's remaining claim that the Court failed to call a certain witness who was of importance to his defence, the Committee notes that the State party has argued that the Court had decided that it was not necessary to hear that witness. The author of the communication has not provided evidence which would justify concluding that the Court's refusal, upheld by the Court of Appeal, was such as to infringe the equality of arms between the prosecution and the defence and that the circumstances under which defence witnesses were heard were different from those under which prosecution witnesses were heard. Consequently, the Committee is not able, in the present case, to find that there has been a violation of article 14, paragraph 3 (e). 9. The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it disclose a violation of article 10, paragraph 1, of the Covenant. 10. The Committee is of the view that the State party should offer Mr. Parkanyi an appropriate remedy. Furthermore, while the Committee welcomes -321-