The European Court of Human Rights handed down a decision yesterday that may affect part of Viktor Orbán’s solution to the refugee crisis. He might not be able to continue incarcerating asylum seekers in so-called transit zones.
The case involved two refugees from Bangladesh, Ilias Ilias (24) and Ali Ahmed (27), who arrived at the Serbian-Hungarian border on September 15, 2015 and were subsequently detained in the transit zone for 23 days. The transit zone toward Hungary was fenced in and guarded. After two sets of asylum proceedings, they were expelled from Hungary on the strength of a government decree that lists Serbia as a safe country. Yesterday the Court declared that the Hungarian authorities handling the case had violated the rights to liberty and security as well as the two men’s right to an effective remedy. The court also found that “the Hungarian authorities failed to carry out an individual assessment of each applicant’s case; disregarded the country reports and other evidence submitted by the applicants; and imposed an unfair and excessive burden on them to prove that they were at real risk of a chain-refoulement situation.” The decision was unanimous. “As just satisfaction, the European Court held that Hungary was to pay each applicant 10,000 euros in respect of non-pecuniary damage and 8,705 euros for costs and expenses.”
Already in 1996 the European Court of Human Rights had handed down a ruling, not involving Hungary, that it was illegal to keep asylum seekers in “detention camps.” A couple of years ago the Hungarian government agreed to abide by that ruling, presumably in the hope that most of the refugees, once free to move about, would leave Hungary for greener pastures. That is exactly what happened. But once the Hungarian government realized that it was unable to handle the flow of refugees, Orbán decided to build a fence to prevent refugees from entering the country. The few who were allowed through the fence were subsequently kept in so-called transit zones while their applications were reviewed. The government’s legal experts believed that these transit zones were different from the detention centers the Court found illegal because these “container” zones were open toward Serbia. The Hungarian government maintained that these zones have extra-territorial status, i.e., they are not situated within the borders of Hungary. Viktor Orbán likened them to airports. The judgment of the European Court of Human Rights, however, stated that the Hungarian transit zones are under the jurisdiction of the Hungarian state and are not “extra-territorial institutions.” In brief, there is no difference between detention centers in the middle of the country and transit zones at the border.
Hungarian civil rights activists are encouraged by the Court’s decision. They find this judgment especially timely because the latest amendments to the Law of Asylum, just passed by parliament and countersigned by President János Áder, envisage these container transit zones as the sole means of handling all asylum applicants.
What is the Hungarian government’s reaction to the verdict? There’s no official word yet from the government itself, but Fidesz announced that it was an absurdity. “For Hungary to pay when it observes and complies with EU rules and protects not only the country but also the borders of Europe” is incomprehensible. They stand by their belief that the migrant crisis can be handled only with a forceful defense of the borders, and they will withstand all the pressure coming from Brussels and Strasbourg. To ensure that Hungarians’ hatred of the refugees doesn’t wane, they will have a new “national consultation” so “the people will be able to tell their opinion of the immigration policies of Hungary and Brussels.”
Meanwhile major international newspapers are critical of the Hungarian government’s treatment of the refugees in general, especially since there is increasing evidence that some of the policemen serving along the borders mistreat those who illegally try to enter the country. In addition, about 80 asylum seekers in a detention center in Békéscsaba began a hunger strike on Monday protesting their incarceration. On March 13 The New York Times in an editorial harshly condemned the Hungarian government’s inhumane treatment. The editorial begins with these words: “Hungary’s cruel treatment of refugees has reached a new low.” The editorial justifiably points out that while “Mr. Orbán derides the European Union’s values, Hungary has no trouble taking its support, having received 5.6 billion euros from the union in 2015.” The final verdict is that Hungary treats “desperate refugees with incredible cruelty.”
To round out this post, let me say a few words about the celebrations on Hungary’s national holiday in remembrance of the 1848-1849 revolution and war of independence. The little I saw of the crowd gathered in front of the National Museum, where Viktor Orbán spoke, was disgusting. There was a confrontation between Fidesz loyalists on one side and followers of Együtt’s Péter Juhász, with whistles, on the other. During the encounter the loyalists hurled all sorts of obscenities at the whistlers. They also claimed that the Együtt protestors were “members of the AVH,” the dreaded state security police that was dismantled after 1956. The reporter for ATV was called a Jewish stooge. All in all, just another terrible national holiday.
I haven’t yet read Viktor Orbán’s speech in full, but one sentence caught my eye. According to Orbán, the nations of Europe are in a state of insurrection. As he put it, “the winds of 1848 are in the air.” In 1848 one revolution after the other broke out in Europe against the European monarchies, beginning in Sicily, spreading to France, Germany, Italy, and the Austrian Empire. Orbán Viktor blithely compared the democratic revolutions of 1848 to the dark forces of the extreme right on the rise today. He is keeping fingers crossed for victories by Geert Wilders and Marine Le Pen, after his favorite Donald Trump won in the United States. Well, I’m happy to announce that Mark Rutte’s People’s Party for Freedom and Democracy (VVD) won the election, getting 31 seats in parliament, against Wilders’s Party for Freedom (PV) with 19 seats. This is the second disappointment for Viktor Orbán. The first was the Austrian presidential election, which ended in a victory for a Green candidate, Alexander Van der Bellen, instead of Orbán’s favorite, Norbert Hofer of the far-right FPÖ. And as things stand now, it is unlikely that Marine Le Pen will be the next president of France. What a disappointment for the Hungarian leader of the far-right Fidesz.