Tag Archives: Dimitris Avramopoulos

The Hungarian government’s flouting of European law and human rights

Two weeks ago the European Court of Human Rights (ECHR) handed down a decision 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.

Hungarian civil rights activists were encouraged by the Court’s decision, especially since the latest amendments to the Law of Asylum, passed not long ago by the parliament, envisaged these container transit zones as the sole means of handling asylum applicants. In fact, it was today that the amended law came into effect.

After ECHR’s ruling, the leaders of the government parties began suggesting in all seriousness that Hungary should simply suspend its adherence to the Convention for the Protection of Human Rights and Fundamental Freedoms, originally adopted in 1950. This is not a joke, just as it is not a joke that Hungary is pursuing the issue of the red star on bottles of Heineken beer. Both are hopeless efforts by a government that is acting even more strangely of late than it normally does.

A week ago Monday, Imre Vejkey (KDNP) began the attack on the Convention: “Now is the time to think about terminating Hungary’s adherence to the Convention or at least suspending some of its provisions.” On Thursday János Lázár said at his press conference that the government considers the verdict “unacceptable and impossible to implement.” Although the decision was unanimous and the Court is unlikely to reverse itself, the Hungarian government insists on appealing the judgment. By Friday Zoltán Kovács, the government spokesman, announced on ATV that “the ministry of justice will have to examine what kinds of obligations” Hungary has under the terms of the Convention. On Sunday Lajos Kósa, the leader of Fidesz’s parliamentary caucus, said that if Strasbourg continues criticizing Hungary’s migrant policies “we must relinquish” our adherence to the treaty. He even accused the Hungarian Helsinki Commission of “profiting from the migrant crisis at the expense of the Hungarian government.” He was alluding to the fact that the Court, in addition to the 5.8 million forints awarded to each of the refugees, granted 2.7 million forints to the Hungarian Helsinki Commission for their work on the case.

Együtt, one of the smaller opposition parties, compiled a list of what Hungarians would be deprived of if Hungary turned its back on the Convention and consequently on the Council of Europe. The list is long: right to equality; freedom from discrimination; right to life, liberty, personal security; freedom from slavery; freedom from torture and degrading treatment; right to remedy by a competent tribunal; freedom from arbitrary arrest and exile; right to a fair public hearing; right to be considered innocent until proven guilty; right of free movement in and out of the country; right to asylum; right to own property; right to education. And we could continue. But Lajos Kósa sees no problem whatsoever with the suspension of the Convention because “in Hungary it is not the legal force of ECHR that guarantees human rights but the Hungarian Constitution and other international treaties.”

This is all just talk. The consequences of such a move would be so severe that no country, especially a member of the European Union, could seriously entertain it. The very first consequence of such folly would be a loss of membership in the Council of Europe. That in turn would result in serious conflict with, or even expulsion from, the European Union. So, Kósa can demand all he wants that the government in the name of Fidesz suspend adherence to the Convention. Nothing of the sort will happen. After all, in Europe there are only three countries that are not signatories: the Vatican, Kosovo, and Belarus.

As for the Hungarian Helsinki Commission, Márta Pardavi, co-chair of the organization, doesn’t seem to be at all frightened by the threats made by the government against the institution as a beneficiary of the migrant business. She reminded Kósa of the kind of business the Hungarian government is conducting via the settlement bonds, sold to thousands of people for 300,000 euros each. So, Kósa should not accuse others of financial gain from the miseries of refugees. (Of course, there are refugees and “refugees,” with staggeringly different levels of misery.) As for the 2.7 million forints for legal fees, she finds the amount perfectly reasonable. Unless she hears something similar from the government itself, she considers Kósa’s semi-incoherent words on the subject mere “political rant.”

The government is remaining quiet for the time being. But its actions show that it was’t impressed with the Court’s verdict or with the Hungarian Helsinki Commission’s repeated assertion that the government’s latest law on asylum is illegal not just according to the Court in Strasbourg but also according to the Hungarian Constitution. The Hungarian Helsinki Commission again had to turn to ECHR on Friday in order to put an immediate stop to moving a pregnant woman from Uganda and eight refugee children who had been housed in Fót to the transit zone near the Serbian border. The woman had been a victim of torture and is currently suffering from psychological trauma. As far as I know, the government refrained from the forcible removal of these people, at least for the time being.

It looks like a lecture to me / Source: Népszava / Photo József Vajda

Meanwhile Dimitris Avramopoulos, EU commissioner for migration, arrived in Budapest to conduct negotiations with Sándor Pintér, minister of the interior, and László Trócsányi, minister of justice. Avramopoulos’s job was to drive home to Budapest that all member states must comply with the Union’s rules and that human rights is one of the basic principles that must be adhered to. At the end of the negotiations it was announced that a working group will be formed to examine whether the Hungarian law infringes on the laws of the European Union. According to legal scholars, it unquestionably does. It would be time for the European Union to put an end to the Hungarian government’s games because nothing good can come of them as far as the future of the Union is concerned.

March 28, 2017

The Hungarian government’s shameful treatment of asylum seekers

On Sunday, March 5, 2017, a report from Belgrade was published in the Swedish newspaper Aftonbladet. It claimed that refugees “with visible traces of Hungary’s brutal policies” had told the Swedish journalist about severe beatings with batons by Hungarian policeman. The officers also used attack dogs. Their stories were confirmed by Andrea Contenta of Doctors Without Borders. According to him, the number of incidents has multiplied of late. There was at least one day when 20 people needed medical attention. One of the asylum seekers ended up into the emergency room of the nearby hospital. Accompanying the story were photos of the men with visible wounds and bruises.

In no time all the major newspapers of Europe and the United States picked up Aftonbladet’s story, which was followed by a worldwide condemnation of the Hungarian government’s treatment of asylum seekers. A day later the Hungarian ministry of interior released a statement that Magyar Nemzet described as an “ill-tempered personal attack.” In it, the ministry “categorically repudiated the unproven accusations that appeared in the international and domestic media” leveled against the Hungarian government. The ministry called attention to the fact that such accusations usually occur when “Hungary is forced, in the defense of the European Union and its own citizens, to strengthen its borders.” The press release also noted that Doctors Without Borders is supported by George Soros. As for the few possible incidents, Hungarian prosecutors have already investigated eight cases, six of which turned out to be bogus. The denial of these reports continued today when Zoltán Kovács, a government spokesman, declared that the report of Doctors Without Borders is nothing more than a pack of lies.

But that was not all. On March 7, two days after the Swedish newspaper story, the Hungarian parliament passed a new piece of legislation that will force all asylum seekers into detention camps. UPI’s report specifically recounted that “although [the law] was fiercely criticized after its submission last month, the legislation won near-unanimous approval … by a vote of 138-6.” This lopsided vote was the result of the abstention of MSZP members of parliament, a sign of their usual ambivalence when it comes to the migrant issue. While their cases are being decided, asylum seekers, including women and children over the age of 14, will be herded into shipping containers surrounded by a high razor-fence on the Hungarian side. These camps will be wide open on the Serbian side. Therefore, Hungarian government officials can declare with some justification that the people inside these camps are not incarcerated; they just can’t step onto Hungarian soil.

On the very same day that Fidesz-KDNP and Jobbik members of parliament voted for the bill that was to receive worldwide opprobrium, Viktor Orbán delivered a short speech at the swearing-in ceremony of 462 new “border hunters.” In the speech he called the new recruits’ job a “calling” in “the service of the country and the defense of the Hungarian people.” He pointed out that even if there is at the moment no migrant pressure at the borders of Europe, Hungary must be prepared for repeated onslaughts of migrants. It is for that reason that the Hungarian government will build a new fence which, according to some reports, might be attached to a source of low-voltage electricity. He described “migration as a Trojan horse of terrorism,” which assumes that all migrants are potential terrorists. Or perhaps one could go even further and interpret this sentence as akin to the contention of those American Islamophobes who say that Islam is not really a religion but rather an ideology of terrorism.

Another memorable Orbán line from this speech addressed the dichotomy between human rights and the law. Those migrants who cross Hungary’s border break the law. “This is reality which cannot be overwritten by all that rarified claptrap about human rights.” Orbán certainly doesn’t beat around the bush. Human rights are not something he worries or cares about. In fact, he is ready to transgress them in the name of “reality.”

A day later Magyar Nemzet reported that Nils Muižnieks, the Council of Europe’s commissioner for human rights, expressed his “deep concern” over the detention of asylum seekers in guarded camps which, in his opinion, violates the obligations spelled out in the European Convention of Human Rights. And he is not alone. Two rapporteurs of the Council, Tineke Strik and Doris Fiala, asked János Áder to refuse to countersign this new law that most likely is in violation of international agreements. Zeid bin Ra’ad al Hussein, United Nations High Commissioner for Human Rights, considers it “a far cry from international norms” and recommends its withdrawal.

As far as the European Commission is concerned, there seems to be a shift in its position toward this latest outrage. At first Margaritis Schinas, the chief spokesperson of the Commission, informed inquiring journalists that the Commission would not make a statement now but would wait until the law comes into effect. A day later, however, another spokesperson, Natasha Bertaud, told Népszava’s correspondent in Brussels that Dimitris Avramopoulos, EU commissioner for migration, will be dispatched to Budapest “to conduct serious negotiations with the Hungarian authorities about the amendments to the Asylum Act.”

By now I don’t have much hope that any international organization, be it the United Nations, the Council of Europe, or the European Commission, will be able to influence Hungarian policies either on the migrant question or on the transgression of democratic norms. Here and there one can hear from European politicians that the Hungarian government’s behavior should at least have financial consequences, but so far Brussels has been unwilling to punish Hungary for the actions of its government.

There are times when Viktor Orbán, despite all his bluster, quietly falls into line. Like today, when he cast his vote for the reelection of Donald Tusk as president of the European Council. Orbán abandoned his best friend and comrade Jarosław Kaczyński and voted for “the icon of immorality and stupidity,” as the Polish foreign minister called Donald Tusk. There are steps which even Orbán is reluctant to take.

March 9, 2017