Von: Orbán Éva
Gesendet: szerda, 2009. július 8. 07:22
An: Kutasi József
Betreff: Statement re. Police brutality on 4 July 2009
Továbbított angol nyelvű közlemény. O.É.
From: Várkonyi Zsolt
To: Várkonyi Zsolt
Sent: Wednesday, July 08, 2009 12:02 AM
Subject: Statement re. Police brutality on 4 July 2009
Statement
Re: The unlawful actions of the Hungarian police on 4 July 2009
About two or three hundred members and sympathizers of he Hungarian Guard Movement held a peaceful gathering in the afternoon of the 4th of July 2009, at the Elizabeth Square in Budapest, in order to protest against the 2 July court ruling that dissolved the Hungarian Guard Association, and for the release of political prisoners. The peaceful, sitting demonstrators were brutally dispersed by the police using truncheons and teargas. Two hundred and sixteen persons were taken into custody, including Mr. Gábor Vona, president of the 15 % strong party Jobbik (Movement for a Better Hungary). Since 1956, never have so many people been arrested at any one single demonstration in Hungary.
Several domestic and foreign newspapers and newsagencies took this unlawful police brutality into their defence, claiming, that the police rightfully dispersed the gathering as it had no „permit”. In order to set things straight, we must inform the public in general, and the media in particular about concerning Hungarian and European law and regulations.
According to Hungarian law, a demonstration’s organizer has the obligation to report it to the police, for acknowledgement only, 72 hours prior to the planned event. However, in case of so called „spontaneous gatherings” that take place as a quick mass reaction to certain events or issues, no such reporting is required in advance, with respect to the tight time frame.
That this is the prevailing law not only in Europe, but also in Hungary, was clearly confirmed by the European Human Rights Court in Strassbourg in 2007 in the case of Bukta vs. Hungary; as well as by the Constitutional Court of Hungary in its decision no. 75-2008, where it ruled that if 72 hours have not passed since the actual event that triggered the spontaneous demonstration which otherwise is of peaceful character, the simple fact that it had not been reported to the police 72 hours in advance may not constitute a cause for dispersing it, nor does the article for assembly makes such dispersion possible.
According to Article 8, subsection 8.(1) of the Law of Assembly of 1989 Section III, the police may, within 48 hours of receiving the notice, ban the event at the location and at the time designated in the notice, in case the gathering would gravely jeopardise the unperturbed functioning of the courts of law or other representative organs of the state, or in case the traffic cannot be secured by an other route.
A demonstration may lawfully be dispersed, if the assertion of the right to assemble aims to call for a criminal act or for the commission of a criminal act; entails violation upon the rights and liberties of others; if the participants bear arms, or use weapons, furthermore if they hold the event in spite of a banning resolution. This rule is enforceable only, if the demonstration is held in the place and at the time referred to. However this was not that case. On account of the absence of the foregoing the dispersion was not lawful.
With respect to the above, the police action on the 4th of July, 2009 was flagrantly contrary to the law, against which several legal-aid entities lodged a protest, including Amnesty International Hungary and the National Legal Defence Service.
Dr Tamás Gaudi-Nagy
National Legal Defence Service
Budapest, the 7th of July 2009
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