The Chamber of Judge Miszori has a difficult task. On August 6, it will announce its first instance judgment in a criminal procedure against the four suspects who were accused of carrying out a series of racist murders in 2008 and 2009 against Hungarian Roma.
On June 13, 2013 the trial of the actio popularis against the Heves County Police begins at the County Court of Eger. The lawsuit was initiated by the HCLU against the Police for discriminating against the Roma in Gyöngyöspata based on their ethnicity and skin color during and following the extremist “patrols” of 2011. At stake: will the court hold the state responsible for the discriminative treatment of the Roma?
The decision by the County Court (Törvényszék) of Miskolc to sentence nine Roma persons for racism „against Hungarians” for attacking the car of far-right activists in a small Hungarian town, Sajóbábony shows serious misunderstandings in how courts apply the law and demonstrates the wide-spread negative discrimination present in criminal sentencing.
The police failed to consider that the assault on the chairmen of the Raoul Wallenberg Association bears an anti-semitic bias and failed to investigate the incident as hate crime despite the fact that the law provides greater protection for the victims of hate crime. Apparently, the judicial practice presents deficiencies in this area.
The government has already waged a full scale attack on fundamental rights and democratic institutions with the Fourth Amendment to the Fundamental Law, Hungary’s new constitution. Now an amendment to the law on equal opportunity will open the door for segregation in schools under the paper-thin veneer of positive discrimination. The HCLU opposes both the constitutional provision which allows discrimination and the amendment to the equal opportunity law based on the former.