Document #1342680
IRB – Immigration and Refugee Board of Canada (Author)
The following information was provided to
the Research Directorate in a 21 October 1997 telephone interview
with a representative of the Hungarian Helsinki Committee. Under
the Hungarian penal code, if a person has suffered harassment by a
member of the general public, he or she is entitled to file a
report with the police.
In cases in which a person has been
harassed by the police, the person is entitled to lodge a complaint
with the prosecutor's investigative office. Under Hungarian law
such a complaint may result in a charge against the police of one
or more of the following three crimes: forced interrogation,
illegal arrest, and ill-treatment during official procedure. In the
experience of the Hungarian Helsinki Committee, it is rare that
police officers who have been convicted of one of these crimes
receive a sentence that is not suspended. For more information on
police harassment in Hungary, please consult the following attached
documents, provided to the Research Directorate by the Hungarian
Helsinki Committee: "Police Against Citizens: Cases of
Ill-Treatment and Forced Interrogation," and "Are Police Officers
Punishable?"
According to a 27 February 1996 report on
Duna TV in Hungary, the Office for National and Ethnic Minorities,
sponsored by the Minority Identity Foundation, processed 91 cases
over two years of harassment and discrimination against Romanies
(Roma, Gypsies) by police and others. The Office has a full-time
staff of 40 and over 100 volunteers, comprised of lawyers,
psychologists and photographers to help Hungarian Roma seek redress
for harassment and discrimination (ibid.). Please consult the
attached text of the article for more details.
Historian Paul Gradvohl, writing about
discrimination against minorities in Hungary, states that, with
regard to Roma, the existence since 1995 of Roma local councillors
"made opposition to arbitrary interventions [against Roma]
possible" (1996 135, 137). Gradvohl adds that, with regard to
minorities in general, Hungarian courts often seem to be reluctant
to acknowledge the racist nature of certain crimes, and he cites a
15 February 1995 statement by Judge Gyorgy Palinkas that "no
attacks against national, ethnic, racial or religious groups were
committed in Hungary" (ibid., 136).
For information on Hungarian law relating
to discrimination against minorities and foreigners, please consult
the attached excerpt from the article on Hungary in the book
The Extreme Right: Freedom and Security at Risk (Braun
1997).
For information on discrimination against
Roma in Hungary and the possibilities of redress, please consult
Response to Information Request HUN27849.E of 23 September 1997 and
attachments. For information on Hungarian government policies
regarding discrimination against Roma, please consult the July 1996
Human Rights Watch publication Rights Denied ( The Roma of
Hungary, accessible through the UNHCR database REFWORLD, and
available in Regional Documentation Centres.
This Response was prepared after
researching publicly accessible information currently available to
the Research Directorate within time constraints. This Response is
not, and does not purport to be, conclusive as to the merit of any
particular claim to refugee status or asylum.
References
Duna TV Satellite Service [Budapest, in
Hungarian]. 26 February 1996. "Other Reports; White Paper on Human
Rights Abuses Against Hungarian Gypsies Published." (BBC Summary 27
Feb. 1996/NEXIS)
Gradvohl, Paul. 1996. "Hungary"
Extremism from the Atlantic to the Urals. Coordination:
Jean-Yves Camus. Éditions de l'Aube.
Hungarian Helsinki Committee, Budapest.
21 October 1997. Telephone interview with a representative.
Attachments
Braun, Aurel. 1997. "Hungary: From
'Goulash Communism' to Pluralistic Democracy," The Extreme
Right: Freedom and Security at Risk. Edited by Aurel Braun and
Stephen Scheinberg. Boulder, Colorado: Westview Press, pp. 201,
215-17.
Duna TV Satellite Service [Budapest, in
Hungarian]. 26 February 1996. "Other Reports; White Paper on Human
Rights Abuses Against Hungarian Gypsies Published." (BBC Summary 27
Feb. 1996/NEXIS)
Hungarian Helsinki Committee. "Police
Against Citizens: Cases of Ill-Treatment and Forced Interrogation
January 1, 1996-September 30, 1996," pp. 1-3. (Sent to the Research
Directorate by fax)
Koszeg, Ferenc. n.d. "Are Police
Officers Punishable?" Budapest: Hungarian Helsinki Committee, pp.
1, 3-11. (Sent to the Research Directorate by fax)