HCLU is Defending the Activists Who Peacefully Disobeyed

Lawyers from HCLU are defending a number of young activists who have recently been charged for occupying the headquarters of the governing party, FIDESZ and for blocking traffic around the Hungarian Parliament. The response by the police to the demonstrations was meant to instill fear and to scare people away from similar acts in the future.

WATCH THE VIDEO OF THE PRESS CONFERENCE: (you can turn on English subtitles by starting the video and then clicking on the 'cc' button)

On March 7 a group of young activists occupied the party headquarters of FIDESZ to demonstrate against the fourth amendment to the Fundamental Law. On March 11 – the day the amendment was adopted – the group blocked traffic by the parking lot at Kossuth Square in an attempt to prevent some Members of Parliament from entering Parliament. 

The activists acted in defense of democracy and fundamental rights in a public and peaceful manner. They went beyond their basic right to assemble in order to call attention to an emerging injustice. However, they did not use force, cause any personal injury or material damage, or violate anyone’s fundamental rights. They publicly justified their actions and accepted all legal consequences. 

HCLU noted that the activists went beyond the limits of the law on peaceful assembly, but did not commit any crime. Even if one could find a law that prohibits their peaceful demonstration, they could not be prosecuted for their actions. In a general manner, and in specific cases, the Parliament and courts have provided immunity for civil disobedience during the history of the Hungarian democratic and rule of law state. Therefore, lawyers from HCLU believe that the courts cannot find the activists guilty.

HCLU emphasizes, the police’s actions to round-up and detain the activists were unreasonable and unnecessary and meant to instill fear and scare people away from similar actions in the future. The actions of the police send a clear message; the emerging autocratic regime seeks to break any democratic movement in its infancy.

As Andrea Pelle, the head of HCLU’s legal aid program, noted: “The activists did not commit any crime, and their actions were not a danger to society, therefore they should not be punished.” 

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.

Litigation on the right to protest

Two actions were launched by the HCLU regarding the right to peaceful assembly in December, 2013. Both actions concern to the same problem: lockdown of a public area around the Prime Minister's residence. In the first case, the police dispersed an ongoing peaceful demonstration on the grounds of closing off the area, for which the organizer filed a claim against the police with the help of HCLU. In the other case, another demonstration planned by the same organizer at the same venue was banned by the court, which was then challenged before the Constitutional Court. Both decisions are ill-unfounded and misinterpret the constitutional limitations of the right to protest.

I am afraid to speak up

Roma travelling by bicycle in Kesznyéten are systematically fined for trivialities and receive disproportionate fines for minor offences. When our film crew visited Kesznyéten, they interviewed non-Roma cyclists as well. Out of these randomly chosen 10 individuals there was only one person who had received a fine for a cycling offence. Even though on average (as seen in the accompanying video), their bicycles were not in better condition or better equipped. Still, the Non-Roma travelling by bicycle are not even stopped by the police.