Executive Board of the Labour Party Acquitted

Upon the initiation of the President of Capitol Court, criminal proceedings were started against the Executive Board of the Labour Party for defamation. According to the accusation and later the arraignment, 7 members of the Board have committed the act of defamation. The Party – in a statement - deemed a verdict of the Capitol Court a ’political decision’ and ’revenge of power’.

The President of the Board was represented by HCLU’s lawyer, since we believe that the statement was an opinion regarding the decision of the Court which is not grounds for initiating and conducting criminal proceedings.

The HCLU believes that in a democracy, everyone has the right to freely express his/her opinion on decisions of the courts and that this right cannot be restricted by criminal law.

In its first instance decision, the Court of Székesfehérvár concluded that the Party’s statement was not an opinion, but rather a statement directly implying untruthful fact. Therefore the act of defamation has been realized.

However, the Court of Székesfehérvár was wrong and its decision was overturned. In the Court’s second instance decision, all defendants were acquitted. The Court found that the statement of the Party was not opprobrious, was not defamatory and that reputations of the courts cannot be determined by political statements.

In this absurd case, none other than the President of the Capitol Court initiated legal proceedings. The HCLU is happy to acknowledge that the Court of Székesfehérvár was able to rise above the person of the plaintiff.

Share

Related articles

Social Protest and Human Rights - Discussion

The International Network of Civil Liberties Organizations (INCLO) invites you to a discussion on police use of force and human rights' protections in social protests. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns, and the UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, Maina Kiai, are addressing these issues in their annual reports and will explain the challenges we are facing.

Advertisers Withdraw From Hungarian Newspaper Over Anti-Roma Statements

Five companies have said they will no longer place advertising in a Hungarian newspaper that published extreme anti-Roma statements.

The Third Wave – the New Constitution of Hungary

In their current, third analysis on the legislative work of the Hungarian Parliament, the Eötvös Károly Policy Institute, the Hungarian Civil Liberties Union (HCLU) and the Hungarian Helsinki Committee (HHC) examine whether the constitution-making process in Hungary meets the requirements deriving from the principle of the rule of law and compares the draft “Fundamental Law” (i.e. the draft of the new Constitution) submitted to the Parliament on 14 March 2011 with the present constitutional system.