Human Rights Committee

Seventy-fourth Session

1993^rd & 1994^th Meetings (AM & PM)

HUMAN RIGHTS COMMITTEE TAKES UP HUNGARY'S FOURTH PERIODIC REPORT;

EXPERTS PRAISE REFORMS, EXPRESS CONCERN OVER MINORITIES

High praise for institutional reforms and deep concern over the status of minorities were expressed in equal degree as the Committee on Human Rights today considered, in two meetings, the fourth periodic report of Hungary on its compliance with the International Covenant on Civil and Political Rights.

Provisions of the Covenant had indeed been integrated into Hungary’s legal system, Committee members said.  But, among the most serious concerns, “the stark and enormous problem of the Roma” loomed large, one expert said.  Difficulties facing Roma communities in housing and education -- reflected in low employment and high imprisonment rates -- were well known to the international community, he continued.  Low representation of women in political bodies, along with the lack of protections afforded individuals subject to law enforcement, were other persistent themes during the experts consideration of the report.  

Lipot Holtzl, Deputy State Secretary, Ministry of Justice of Hungary, who introduced his country's report, said measures to combat discrimination against minorities were expressly covered in his country’s Constitution.  Those measures ensured full participation in public life for all, along with use of their mother tongue and right to self-government.  General anti-discrimination legislation was now under consideration, rather than a mere augmentation of measures already in place.

To improve the situation of the Roma, Hungary had initiated a Programme for Action in 1999, Mr. Holtzl continued.  Under that Programme, national ministries had been tasked to ensure improvement in the areas of employment, social security and medical care, housing, discrimination and the media.  The Office of National and Local Minorities had set up legal aid services to provide redress for claims of discrimination filed by Roma, and many initiatives aimed at developing the level of education, nurturing talent and stemming dropout rates among the Roma people were also under way.  New legal instruments had been put into place to counter incitement of violence against minorities.

No identified Roma were now members of Parliament, but Roma were on the rosters for upcoming elections, he said.  There were also 750 Roma minority self-governments, as well as a national self-government.

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*     The 1992^nd meeting was closed.

On women’s issues, Mr. Holtzl said there were no legal impediments to women’s participation at all levels of political life.  It was true that the number of elected women remained low, though they were listed more and more as the public’s confidence in their governing abilities grew.  They were most underrepresented in parliamentary committees and ministry leadership, with better representation in other sectors of the government, as well as in local politics.  While he said he would convey the Committee’s deep concern over women’s representation, history had shown that quotas would not work.

On the rights of detainees and efforts to monitor the activities of law-enforcement officials, Karoly Bard, an independent expert from the Central European University in Budapest, said that Hungary’s penal code contained provisions to punish police conduct.  An exclusionary rule for illegal evidence existed, which excluded, among other evidence, that which had been obtained through the use of unlawful force.  The use of unlawful force could result in a maximum of five years of imprisonment, in most cases.

He said that current Hungarian law set a relatively high standard for opening investigations into the criminal behavior of police activities.  Still, prosecutorial decisions not to investigate allegations of police misconduct, or the subsequent dismissal of charges, could be appealed.  In addition to intensive training of police and enhancing the investigative skills of prosecutors, other legislative changes were under way that might make monitoring and prosecution of police misconduct more effective.

The Human Rights Committee will meet again at 3 p.m. on Monday, 25 March, to discuss general issues.

Background

The Human Rights Committee today began its consideration of the fourth periodic report of Hungary (CCPR/C/HUN/2000/4) on that country’s compliance with the International Covenant on Civil and Political Rights.  Under article 40 of the Covenant, all States parties agree to submit periodic reports on the implementation of the agreement.

Hungary’s previous report, its third, was submitted in 1991.  Today, the Committee will examine the country’s activities from that year through the first half of 1999.  According to the current report, the previous report illustrated profound changes in Hungarian society, as well as the emergence of democracy, the rule of law and pluralistic institutions.  The current report describes new legal institutions aimed at strengthening that democracy, and surveys methods, practices and achievements of the Hungarian authorities in the areas covered by the Covenant.

Regarding article 2 of the Covenant (equality before law and courts), the report states that the Constitution of Hungary ensures civil rights without distinction for race, color, sex, language, religion, opinions, national or social origin, property, birth, or any other status.  A Labour Code entered into force in July 1991 prohibits distinction of any kind to be made between employees.

The report states that, after considering Hungary's third report, the Human Right's Committee expressed concern that the Constitution and legal system did not incorporate all the human rights enshrined in the Covenant and that the status of the Covenant in the legal system was not defined clearly enough.  In response, a Government commission, set up at the time of the signing of the European Human Rights Convention, was directed to thoroughly review compatibility with the Covenant.  The Commission called for substantial amendments to be made in 13 legislative acts, along with new legislation to cover gaps and incompatibilities with all articles of the Covenant.

In compliance with article 3 (equal rights of men and women), the report notes that statutes currently in force have strengthened the Constitution's specific guarantees of equality between genders.  Since the last report, a Child Protection Act and Supreme Court decisions have specified equitable rights and responsibilities in child rearing, especially in the case of divorce.  A Labour Code act of 1992 bans employment discrimination based on sex; inequities in the pension system were removed in 1997.

Article 4 of the Covenant provides that in time of officially proclaimed public emergency, States parties may derogate from their obligations.  In Hungary, the implementation of a state of emergency or national alert is governed by Act CX of 1993 on national defence, which also spells out in detail the rights that may be restricted and the extent to which they may be restricted.  A consensus emerged in the drafting stage of the new Constitution that the rights not subject to restriction had to be enumerated by the Constitution itself. 

With regard to articles 6, 7, 9, and 10, covering the right to life, liberty and security of person, the report states that Hungary had conformed with the Second Optional Protocol of the Covenant, abolishing the death penalty through Act II in 1995.  Act III of that same year ratified the European Convention on the Prevention of Torture; related reviews found no sign of torture in the reporting period, though complaints about other forms of ill-treatment by police were found to be credible.  In response, the Government took measures that included closing certain facilities and training police staff in human rights. 

In accordance with positions of the Committee, a 1994 amendment of the Criminal Procedure Act reduced the maximum duration of custody on remand from 5 days to 72 hours, according to the report.  The report also enumerates measures taken as part of what it calls "substantial progress" in the area of safeguards available to persons taken into custody or arrested.  Among those, Act XLI of 1995 altered the rules governing preliminary arrest of juveniles and Act XXXII of 1993 reformed the enforcement of punishments and measures directed against those in custody.

Concerning article 12, in 1993 Hungary reaffirmed the right of freedom of movement by ratifying supplementary protocols of the Convention on the Protection of Human Rights and Fundamental Freedoms.  The last comprehensive review of the criminal custody system by the Public Prosecutor's Office was carried out in 1997.  Its findings are detailed in the report.  The Police Act and the Enforcement of Punishment Acts of 1995, the report states, created a more favorable legal situation for detainees, with more safeguards provided to juveniles.  The right of exit from the country may be limited in the event of debt owed to the State, liability to military service and failure to comply with support obligations.  Due to criticism, work on reform of emigration restrictions had begun.

Regulation of the exclusion of foreigners from the country (article 13) had been made consistent with the European Convention on Human Rights, according to the report.  Foreigners cannot be sent back to States or territories where there is compelling threat of inhumane treatment; appeal and other legal remedies are available against an order of expulsion.

Regarding safeguards for fair hearings (article 14), Hungary has made several significant changes to its Criminal Code and other legislation.  For instance, article 77 of the code has added a new stipulation to the provision on equal opportunities for both parties.  Now, during investigations, if authorities designate an expert witness, the court will, at the request of either the defendant or counsel for the defence, designate another expert witness for that case.  Access to courts has been considerably widened and judicial powers had been broadened relating to commitment for compulsory psychiatric treatment.

The report also states that Hungary abolished its Supreme Court as a separate administrative entity, integrating it instead into the broader judiciary.  The Minister of Justice has handed over his/her jurisdiction concerning administration of the courts to the National Council for the Administration of Justice (NCAJ), a 15-member body chaired by the President of the Supreme Court.  The principle tasks of the NCAJ include determining rules and operating procedures of the Court of Appeals and county courts.

On the right to privacy (article 17), the report states that Hungary has made significant changes to its law enforcement procedures, particularly defining the legal framework for police interventions in private life.  Police officers may enter private homes only with a warrant.  There are also safeguards protecting reputation, including a statute regulating the publication of personal data or photographs of persons concerned when appealing to the public or reporting on criminal cases.  Laws governing undercover or secret police operations have also been amended.

Regarding freedom of conscience and religion (article 18), the report notes three new developments in Hungarian law:  detailed regulation of the methods of reclaiming property previously owned by churches; persons in the military can now practice their religion freely; and freedom to practice religion or conscientious belief is ensured at all levels.  Practice of religion is also guaranteed while in police custody, provided it does not interfere with rules and regulations of the authorities.  The right of asylum seekers and refugees to freely practice their religion has also been embodied in Hungarian law. 

The report notes that in 1996, legislation was passed to ensure diversity and freedom of expression in radio and television broadcasting.  It also addressed issues of ownership and was aimed at eliminating political or government interference, as well as at providing remedy for injuries inflicted on private interests.

On article 20, the report states that, like other nations, Hungary has experienced a number of violent crimes and offences against members of different national, racial or religious groups.  Those incidents -- particularly concerning members of "skinhead" groups physically assaulting individuals of Roma or Arab origin because of their racial or ethnic backgrounds or coloured skin -– had prompted amendments of criminal legislation to more effectively combat criminal offences perpetrated because of the victims racial background or ethnicity.  The Penal Code established a new offence by prescribing punishment for founders, organizers or financiers of hate groups.

The report notes that there had been no significant changes regarding article 21 (freedom of assembly) during the reporting period, and the right to freedom of association (article 22) was enshrined in the laws of the country.  It also notes that citizens of Hungary were guaranteed the right to vote (article 25).  The relevant law had been amended to address residency issues; "a place of residence in Hungary" becoming "residence within the territory of the Republic of Hungary".  There is a narrow group of individuals who do not possess the right to vote, including those serving prison terms based on a final court sentence and who have been banned from taking part in public affairs.

Introduction of Report

LIPOT HOLTZL, Deputy State Secretary, Ministry of Justice of Hungary, emphasized the importance of human rights, and the ongoing monitoring of such rights, in his country.  He said that there had been significant changes to the Hungarian legal system since the last report.  The Constitutional Court had been playing an important role in fostering human rights, and legislative action included new civil and penal codes.  In addition, plans for a new constitution were in progress.  The rights of minorities, the Roma in particular, had become a priority and had been addressed in a 1999 action plan.

As Hungary was preparing to enter the European Union, he said, it was obligated to harmonize its legal system with that of the European Union and so adopt higher norms of human rights protection.  A new challenge to protection of those rights were the terrorist attacks of September.  Hungary had managed to respond to terrorism without decreasing human rights guarantees.  Another new factor in the Hungarian legal system were new acts concerning regulatory offenses, which introduced a mechanism for judicial review of such cases.

Response to Questions

Mr. HOLTZL turned next to address the written questions posed by the experts at the submission of Hungary’s report.  He said the Hungarian Constitutional Court had concluded in several instances that certain Hungarian statutes had been inconsistent with the Covenant.  The Constitutional Court used the Covenant as a touchstone in its work, not as a ground for declaring a particular law unconstitutional.  He added that the Court adhered to the European Convention on Human Rights

That did not diminish the importance of the Covenant, however, he said.  Indeed, parts of the Constitution dealing expressly with the promotion and protection of human rights had been modeled on the Covenant.  Similarly, constitutional definitions of incitement, the notion of sanctioning persons who unnecessarily and disproportionately affected the freedom of expressions of others, as well as freedom of the press, also reflected principles laid out in articles 18 and 19 of the Covenant.

On procedural mechanisms in place for the implementation of views adopted by the Committee under the Optional Protocol, he said only a few communications had been sent.  Hungary had become a party of the European Convention on Human Rights in 1992, which meant that those filing claims or seeking redress on international human rights issues had to begin their proceedings at the European Human Rights Court in Strasbourg.  After that, however, such persons still had the ability to file claims with the various human rights monitoring bodies of the United Nations.

On the restriction of rights during a state of emergency (article 4), he said rights not subject to restriction during national crises included the right to life, human dignity, prohibition of torture or other cruel punishment, medical or scientific experiment without prior consent and personal security.  The Constitution also guaranteed personal security, presumption of innocence, right to defence, as well as freedom of thought, religion and conscience during national emergencies.  The right to equality between men and women was not abrogated, nor were the rights to national citizenship and protection of the family. 

There were constitutional provisions limiting some freedoms, he continued.  The press and media may be controlled or censored during national emergencies.  Journalists must use Hungarian news services and communications could be controlled.  Travel restrictions could be imposed and cross-country travel could be prohibited or could require special approval.  Reduction of traffic could be imposed or evacuations might be ordered.  During national emergencies, new types of minor offences could be established by the authorities.  The restrictions of those rights and the procedures under which they were applied were consonant with the Covenant.

He said Hungary’s measures to combat discrimination and prejudice were expressly covered in the Constitution.  Hungary ensured to all persons living within its territories full participation in public life, use of their mother tongue and right to use one language.  There was also an act which ensured the rights of ethnic and national minorities to personal autonomy and to establish local or national self-government schemes. 

Many of those initiatives were aimed at improving the situation of the Roma living in Hungary, he continued.  If a person belonging to a national or ethnic minority claimed discrimination, that person was entitled to avail him or herself to relevant Hungarian laws, including the expertise of various ombudsmen, legal counsellors and the Constitutional Court.  He added that civil society actors and non-governmental organizations also played an important role in ensuring the rights of ethnic minorities.  He added that Hungarian discrimination laws encompassed violations of established labour and employment rights.  Employees could not be discriminated against on grounds of, among other things, ethnicity, sex, age, or religion. 

Returning to the situation of the Roma, he said in 1996 the Government had launched an experiment aimed at improving housing conditions for youth of underprivileged Roma families.  That programme had successfully led to the building of homes and a substantial improvement of the living conditions of Roma families.  That programme was ongoing.  The State also supported national or ethnic minorities, primarily Roma communities.  Hungary had initiated a Programme for Action in 1999 aiming to improve the situation of the Roma. 

Under that Programme, national ministries had been tasked to ensure improvement in the areas of education, employment, social security and medical care, housing, discrimination and the media.  In 2001, another housing scheme aimed at supporting disadvantaged people had been launched and money had been set aside to build more than 200 homes.  The Public Foundation for Hungarian Roma had been established to identify land ownership and development opportunities.  That agency worked in conjunction with the Hungarian Government and local Roma governing bodies.

The Office of National and Local Minorities had set up legal aid services to provide redress for claims of discrimination filed by Roma.  The on-call attorney’s participating in the programme were required to take all necessary legal steps in the best interest of their clients.  Those services were provided free of charge, covered essentially by the Ministry of Justice.

Turing next to education, he said Hungary had undertaken many initiatives aimed at developing the level of education, nurturing talent and stemming dropout rates among the Roma people.  The Ministry of Education had established a programme aimed at creating new boarding schools and expanding the capacity of existing schools.  There had also been attention paid to the need to increase the number of Roma in pre-school programmes.  The Ministry had work extensively with the Roma self-governing bodies in that regard.  There had also been major efforts for easing the transition from pre-school into other areas of education.  Within the Ministry, a special office had been established to promote educational rights for teachers and parents, as well as children.

He went on to say that Roma persons could apply for college grants.  Such grants were designed to nurture them in their studies, and encourage them to fully participate in the enrichment of their own cultures as well as wider Hungarian society.  Parliament had approved a supplementary fund to provide young Roma with scholarships and 12,000 had been granted in 2002; it was expected that some 16,000 would be given in 2003.  He added that Hungary considered the budget for those resources unlimited and, as applications for grants increased, the money would be made available.

He said violence and instigation of violence had been prohibited in Hungary; new legal instruments had been put into place to also counter various forms of incitement.  Figures on violence against immigrants and asylum seekers were unavailable.  The ombudsman for anti-discrimination handled 431 complaints of various kinds of discrimination in 2000.  A general anti-discrimination law was now under consideration, rather than a further strengthening of the various anti-discrimination measures already in place. 

Responding to further questions on minorities, he said authorities could only collect data on an individual’s membership in a minority group if it was given voluntarily.  Twelve national minorities and one ethnic minority had representation in Hungary.  Currently, there were no identified Roma members of Parliament, but there had been a few during the 1990s.  There would be general elections in two weeks and Roma were on the rosters.  There were 750 Roma minority self-governments, as well as a national self-government and many Roma organizations.  The other 12 minority groups also had self-government organizations.

On women’s issues, he said there were no legal impediments to women’s participation at all levels of political life.  However, the number of elected women remained low, though they were listed more and more and elected to Parliament, as the population’s confidence in women in government grew.  They were most underrepresented in parliamentary committees and ministry leadership, with better representation in other sectors of the government, as well as in local politics.  They were also better represented in public sector jobs than in the private sector, though the number of women entrepreneurs was growing.

To ensure equal pay for equal work between genders, he said the Labor Code reinforced the constitutional provisions on the matter.  Administrative sanctions and fines were applicable for their breach; there was a hotline for free legal advice available for such problems.  However, women’s salaries were still only 85 per cent of men’s; significant improvement was expected through work with the European Union.  Family-friendly workplaces were being encouraged.

In the current penal code, he said there were no specific provisions for domestic crimes, but laws existed to counter crimes against spouses.  To strengthen protection of women, awareness programmes had been promulgated and victim’s programmes had been instituted, including temporary housing, hotlines and legal advice in coordination with non-governmental organizations.  Government resolutions had encouraged such programmes and provided funding.

He said that trafficking in persons had been targeted as a specific crime by legislation in 1999.  Measures to combat it included a victim protection programme to begin in April, participation in international programmes, awareness programmes for potential victims and strengthening border controls.

On the rights of detainees and efforts to monitor the activities of law enforcement officials, KAROLY BARD, an independent expert from the Central European University in Budapest, said that Hungary’s penal code contains provisions to punish police conduct.  An exclusionary rule for illegal evidence existed, which excluded, among other evidence, that which had been obtained through the use of unlawful force.  New legislation was aimed at countering threats to enforce the silence of prisoners.  The use of unlawful force could result in a maximum of five years of imprisonment.

He said that presently, Hungarian law set a relatively high standard for opening investigations into the criminal behaviour of police activities.  A recent survey aimed at checking whether prosecutorial decisions not to open investigations had focused on allegations of ill-treatment, abuse of office, forced detention, ill-treatment during interrogation.  In those cases, it had been found that the prosecution had made efforts to establish well-founded suspicion.  In the overwhelming majority of cases, the Prosecutor’s Office had found the “reasonable suspicion” requirement could not be supported by sufficient evidence.

At the same time, decisions of the Prosecutor not to institute an investigation or the subsequent dismissal of charges could be appealed, he continued.  According to the Code of Criminal Procedure, if complainant put forward additional information or new evidence was introduced, a case could be reopened. Still, more needed to be done, as anecdotal evidence had shown high incidents of hidden criminality, particularly since many instances of police misconduct were not reported by citizens. 

In addition to intensive training of police and enhancing investigative skills of prosecutors, other legislative changes were under way that might make monitoring and prosecution of police misconduct more effective.  A new law being elaborated lowered the threshold requirement for opening such cases from “well-founded” to a non-qualified “suspicion”.  The reintroduction of the notion of “auxiliary prosecution” would also be helpful.  That remedy allowed victims to take over the role of the prosecution before the court in cases where police authorities or prosecutors had dismissed or terminated a proceeding.

On access to counsel, he said the Constitution provided the right to representation at any time during judicial or criminal proceedings.  That principle was repeated in the Criminal Code.  The right to representation or defence was mandatory for various types of detention.  It was true, however, that detained persons often had difficulties notifying attorneys from jail.  Still, relatives had the right to contact a lawyer on their behalf.  If no lawyer was contacted, the State was under obligation to provide one within 72 hours of detention.  While that could often lead to a situation where lawyers were not present at initial interrogations, detainees were duly notified of their right to remain silent until counsel could be provided.

He said new criminal procedures would require lawyers to immediately take up contact with clients.  Hungary already had relatively strict rules requiring authorities to inform defendants of the right to counsel. In spite of the high quality of legal provisions, he noted that there were reports that ex-officio lawyers did not provide adequate service for a number of reasons, primarily low wages.  He added that the overall reform of the system had been slow.  The Bar was resistant to the establishment of a Government supported legal aid system.

On pre-trial detention, he said while there were deadlines pertaining to such detention in principle, such deadlines were not absolute.  Increases in such detention could be attributed to new structures in criminal procedure, as well as the identification of new criminal acts, which often lead to protracted criminal investigations.  Shortening the time of pre-trial detention depended on streamlining investigative procedures and identifying alternatives to such detention.  Revoking travel documents or implementing house arrest programmes had been considered, in that regard.

Under the new Criminal Code, he continued, the court would consider the need for prolonging pre-trial detention at more frequent intervals than was presently required.  The need for sustaining such detention during trial stages would also be reviewed at shorter intervals, and regular review was to take place at least every six months.  The Code would require that pre-trial detainees should be held at penitentiaries and that a maximum of 30 days should be set for detention in a police jail.  He added that reform of Hungary’s bail system was under way.  That code would also introduce a number of mechanisms that would speed up the criminal procedure on the whole and subsequently reduce the time of pretrial detention.

Mr. HOLTZL agreed with the Committee that overcrowding in detention centres and prisons created a difficult situation.  He added, however, that international monitoring bodies had found that the conditions generally met international standards.  In 2001, figures had shown that 17,272 persons were being held in Hungary’s prisons -- 159 per cent of capacity.  It had to be admitted that the institutions were built in the nineteenth century and were now desperately in need of modernization.  Programmes were under way to lessen crowding, but those initiatives required more resources.  Some initiatives were aimed at increasing capacity of prison institutions, as well as reconstruction and modernization.

On the detention of aliens and asylum seekers, he said that last year the Government Office of Naturalization and Immigration had established a new act on entry and stay of foreigners.  Foreigners caught trying to cross borders illegally could apply for citizenship, or they were held in border shelters pending deportation.  International monitors and non-governmental organization representatives had criticized the condition of those border facilities and, in response, the Government had closed many of them and moved foreigners to community shelters.  Those shelters were open institutions, which provided, among other things, dining and bathing facilities and places to worship.  Men and women were housed separately, but families were housed together.

Comments and Questions by Experts

An expert commented that much had occurred in the nine years that had passed since Hungary last reported.  There had been some progress against discrimination, but without a general anti-discrimination legislation, sanctions were not as vigorous as would be desirable. 

The stark and enormous problem of the Roma stood out, the expert said.  They suffered from longstanding discrimination and prejudice.  Problems with housing, employment, education, high imprisonment and low employment were well known to the international community.  He hoped the delegation would convey the deep concern of the Committee that more should be done and be done more quickly.  He also wanted concerns conveyed over the low participation of women in Parliament, numerous incidents of police violence -- particularly as directed towards the Roma -- and crowding in prisons.

Another expert asked about conditions under which individuals could be deprived of dignity and liberty, elaboration on pre-trial imprisonment and guarantees of proportionality in reaction to national emergency situations.  In regard to the Roma, it seemed there was little application of Covenant rights to them, being frequently targeted by investigative invasiveness, as well as hate speech and other forms of prejudice.

Other experts asked about the qualifications of judges and procedures for their evaluation and removal, in light of necessary independence of the judiciary.  They also requested elucidation of the rights of the accused in Hungary, as well as conditions for short-term arrest.  A broader list of non-derogable rights during national emergencies was also called for, along with explanations for the segregation of Roma children in educational settings, the views of political leaders on derogatory speech directed at that minority and progress towards objective criteria in the identification of minorities.

On the rights of women, an expert wondered what clauses had been instituted in current legislation to counter the perceived protective approach to the labour market.  He also asked if Hungary had considered instituting restraining orders to prevent access to the homes of women reporting incidents of domestic violence.  There had been reports that women, children or other family members had often been forced to remain in their homes with the persons accused of such crimes.

Another expert wondered if there was currently another procedure for examining cases of police misconduct that did not set such a high standard of proof.  He wondered, given the past legacy of the country, what confidence Hungarian citizens had in the prosecutor's office to investigate cases of police misconduct.  What weight was truly given to the allegations of citizens?  He was also concerned that persons could be detained for up to three years.  What were the conditions that prescribed such lengthy detention?

One expert opened his analysis of the reforms that had taken place in Hungary by noting that the country’s transition towards democracy over the last decade had taken place largely through peaceful means.  That had certainly had a positive impact on the human right situation.  Still, he had concerns about the status of the Covenant in the laws of Hungary.  What place in the Hungarian domestic laws did the Covenant hold, particularly in light of the seeming preeminence of the European Convention on Human Rights?  However similar those two international instruments might be, they were not identical.  It was not the State or origin of an instrument that determined the location of a legal action, it was the victim.  Could the delegation clarify that the Covenant was not subsidiary to the European Convention?

The expert went on to express concern about persistent reports of “skinhead” or neo-Nazi groups that persecuted minorities within Hungary.  Did the Government feel that reforms in the Criminal Code had been thorough enough to address those and other forms of xenophobia and racist activities?  He was also concerned about the need for so-called “special schools” for the Roma.  He asked for clarification about State provisions that a community or group must live in Hungary for at least a century before being considered a minority within the law.

Another expert echoed the Committee’s general concern about the status of the Covenant in the laws of the country.  He also asked the delegation about its family-planning programmes.  According to a non-governmental organization report, 80 of 100 pregnancies in Hungary ended in abortion.  Half those terminations were reportedly requested by married women.  That figure was alarming.  What was being done to promote the use of contraceptives?  One expert noted, similarly, that lack of access to contraceptive devices and difficult access to safe abortions had placed Hungary at the high end of Western Europe’s statistics on infant mortality.  On domestic violence, she also asked for clarification of Hungary’s policies concerning the mental or psychological affects of domestic violence.

An expert asked for clarification on a number of issues regarding Hungary’s judicial and criminal justice system, including access to legal counsel, the length of remand detention and the use of weapons by law enforcement officials.  The laws were imperfect and their institutional application could lead to abuse.  Had Hungary considered taping interrogations to deter abuse by the authorities?  On the question of prison overcrowding, he understood that the State might be “between a rock and a hard place” -- inadequate facilities balanced against inadequate resources for structural improvements -– but there must be concrete efforts that could be made to quickly address that issue.

Another expert said that, in every case that had been discussed today, the Committee had time and again returned to the situation of the Roma.  So much so that there appeared to be no non-Roma problems.  While the Hungarian delegation had spoken about programmes and studies, had there been any attempts to transform the culture, or to provide more and better education and training for the police or other Government officials?  He had been shocked to hear reports that such officials openly used discriminatory language about the Roma and other minorities.  He also wondered if Hungary had undertaken any regional initiatives with its neighbours to help improve the situation of the Roma.

Delegation’s Response to Experts

Mr. HOLTZL explained some of the considerations under discussion in efforts towards the strengthening of anti-discrimination laws under a single, general anti-discrimination act.  The effectiveness of such an act was a matter of continuing debate within the country.  Regarding the Roma, he emphasized the comprehensiveness of the Action Plan he had previously mentioned. 

He said that he would convey the message that greater participation of women in Parliament was needed; experience had shown, however, that a quota system would not work in Hungary.  Concerning detained persons, 4,263 had been held on remand last year.  On proportionality in response to national emergencies, the right to fair trial would not be abrogated, though institutional functioning would be altered due to the situation.

The new legislation concerning terrorism would allow some restrictions in the economic sphere, including restriction of goods for 90 days, after which the restriction must be reported to the Parliament.  The legislation was coordinated with policies of the Council of Europe and the United Nations.

Concerning the overrepresentation of Roma in prisons, he said that it was not permissible for authorities to survey the ethnicity of persons in Hungary, so the data could only be inaccurately surmised.  He then outlined the qualifications required of judges and prerequisites to their serving on the bench.  Judges could be removed from office at age 70 or through disciplinary procedures.  A National Council of the Judiciary was responsible for determining many of the procedures of the judiciary, as well as its budget.

He said that separate Roma schools existed because a large proportion of Roma children had special needs.  To redress the appearance of segregation, only those children whose parents had requested special schooling would now be allowed to attend such schools.  It was true that self-identification of minorities could lead to abuses – multiple declarations of identities, for example -- and the complex problem was under discussion in Hungary.

Mr. BARD addressed the viability of various kinds of redress for discrimination cases, as well as reforms which would better allow prosecution and prevention of violence against women.  A new penal code in those areas was now being developed.

Everyone had a right to counsel in Hungary, he said, and there were also cases of mandatory provision of defence, irrespective of the wishes of the defendant.  Juveniles and the mentally incompetent often came under those rules.  Access to lawyers within 72 hours was, he agreed, a critical issue, as was the 12 hour permissible initial detention period.  Overcrowding of prisons was also a concern and alternatives to imprisonment were being considered as the best remediation of the situation.

Mr. HOLTZL reiterated the difficult of assessing the identity of minority members; that situation held true for members of Parliament.  Regarding integration of the Covenant into the legal system, he said provisions of the Covenant played a large part in the creation of many parts of the latest Constitution of the country. 

Abortions, he said, were possible for married women in Hungary but were not encouraged as a means of family planning.  It was allowed in only in cases of crisis in the woman’s health.  Finally, he said that combating prostitution and trafficking in persons was a priority in recent legislation to control organized crime.

Additional Response from Delegation

Following up on the Committee’s remaining written questions, Mr. HOLTZL said restrictions on the right to leave the country and freedom of movement had been significantly changed during the last six years, since such laws had to be harmonized with the general requirements set for member States of the European Union.

On the rights of lesbians and gays, he said that Hungary’s Constitution respected the rights and civil rights of all persons and prohibited discrimination on the basis of ethnic origin, religion, age, or sex.  It guaranteed the rights of homosexuals under clauses which prohibited all types of discrimination “on any other basis”.  Common law marriages or life partnerships enjoyed the same legal protections.

He next addressed a series of issues concerning the Hungarian tax and property laws, particularly regarding the legal status of churches.  He said currently there were 104 churches on the list of the tax authority.  Turning to the issue of civil service defence, he said it was the obligation of all citizens to perform service, armed or unarmed.  Alternative civil service -- such as community details or with fire departments -- could also fulfil such obligations.  The length of any service was 6 months, but unarmed civil service could be performed in 6 months plus 90 days.

On the Committee’s concerns about political pressure on the media, he said the Constitution provided for freedom of speech in the press, a notion respected by the Government.  The Parliament for the Protection of Independent Broadcasting, and the Hungarian Public Radio Foundation, among others, also monitored freedom of the press.  Boards of such agencies, along with members of civil society, expressed real competency in those areas.  Only Hungarian citizens having at least five years broadcast experience could be elected to such boards.  He added that the neither the President nor any other Government entity could interfere with the content of radio and television broadcasts.

Turning next to the issue of State secrets, he said that under Hungarian law there were currently 151 categories of State secrets and 500 categories of official service secrets.  Those notifications were reviewed regularly, so that information remained classified only as long as it was necessary or in the interest of national security.  Information on classified data could be requested.  The country’s ombudsman on official State information had reported that no requests for information had been denied.

On the right to vote, he first noted restrictions pertaining to persons facing final convictions of crimes.  The Government considered that provision justified, which was a view shared by many States.  He added that there were also requirements of residence and presence in the country on the day of voting.

On dissemination of information on the submission of reports and the observations of the Committee, he said members of the delegation had held meetings with civil society representatives and various parliamentary committees after the submission of its third periodic report to highlight the recommendations and concerns of the Committee.  The delegation planned to hold similar meetings after the Committee transmitted its final comments on the current report.

He went on to say that human rights studies were at the core of Hungary’s education system.  From elementary through secondary education, respect for human rights and freedoms -- including emphasis on tolerance and civic obligations -- was promoted.  Police academies provided thorough human rights programmes.  Human rights education was provided through various seminars open to local communities.  Special publications of the Constitutional Court also informed the general population on current issues related to human rights.  Initiatives aimed at developing a national database on international human rights issues were also under way.  He added that such programmes were also promoted in Roma communities and in conjunction with Roma civil society.

Additional Questions

An expert wanted to know if abuses were being encouraged by the law on freedom of religion and belief and what new laws were being considered in that regard, along with Hungary’s other policies towards religions.  Was it really necessary and possible for the State to restrict the definition of religion, as had been proposed?

Other experts asked whether there were, currently, means for bringing to justice those accused of crimes against humanity in Hungary, and if there had been an attempt to curb the progress of trade unions.  Further questions were asked about the current status of the Covenant in the legal system.

Delegation Response

Mr. HOLTZL replied that the Covenant was integrated into the legal system and its provisions could be legitimately invoked.  Concerning freedom of religion, the abuses cited related to cults.  However, the laws had not been changed and the only restrictions on the registration of new religion were that they receive a hundred signatures in their application.  Three churches and the Jewish community

had had certain properties restored that had previously been confiscated.  Religious dietary laws were respected in the cases of asylum seekers.

Mr. BARD said that the statute of limitations did not apply to the crimes against humanity in question, but the Supreme Court had rendered conflicting judgements and, because of various conditions, no imprisonment had resulted.

Chairman’s Conclusion

Committee Chairman PRAFULLACHANDRA NATWARLAL BHAGWATI of India applauded the Hungarian delegation on their thorough presentation and constructive dialogue with the Committee.  The information supplied today had exhaustively complemented the data included in the report.  Still, he wished that information had been included in the report, so members of the Committee could have better examined the situation in Hungary.  The report and the day’s discussions had shown that significant steps had been taken towards the establishment of mechanisms to ensure the protection and promotion of human rights and freedoms.  He added, however, that it was not enough to make laws and create programmes.  Those must be followed with implementation.  The Hungarian Government needed to find a way to turn the rhetoric of human rights into concrete action.

He went on to say that the dialogue had revealed a few concerns that should be immediately addressed by the Hungarian Government.  Those included ensuring that the tenets of the Covenant were integrated into domestic laws, particularly on anti-discrimination.  He added that Hungary must strike a balance between human rights and terrorism.  The fight against terrorism should not be an invitation to violate human rights.  There was also the issue of police misconduct and ill-treatment by law enforcement officials.  The Government should move quickly to establish an independent body to examine complaints in that regard.  Also on the minds of most Committee members was the situation of the Roma.  Despite steps taken by the Government, that situation -– particularly unemployment rates and access to adequate education –- had remained troubling.  Hungary must do its utmost to ensure that the rights of the Roma and other ethnic minorities were ensured and protected.

Mr. HOLTZL thanked the members of the Committee for its remarks and observations and assured the experts that their observations would be shared with Hungarian authorities and the wider public.

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