Hungary: Amnesty attacks prosecution
01 January 1991
Hungary: Amnesty attacks prosecution
artdoc July=1995
18 APRIL 1994
HUNGARY: VIOLATION OF RIGHT TO FREEDOM OF EXPRESSION
The prosecution of M ty s Ersi and L sl" Lengyel for defamation
of public authority or officials is a contravention of the
international and European human rights standards which Hungary
has ratified, according to Amnesty International.
The two men have been charged under Article 232 of the
Hungarian Penal Code, which states that: "Any person who by
stating or spreading a fact or using any expression referring to
a fact which is likely to violate the honor of a public official
or through the violation of a public official's honor likely to
damage the honor of a public authority, commits a criminal
offence and shall be liable to imprisonment not exceeding two
years or community service order or fine."
In a letter to Arp d Gncz, President of the Republic,
Amnesty International expressed its concern that this legal
provision may be used in violation of the right to freedom of
expression set out in the International Covenant on Civil and
Political Rights (ICCPR) and the European Convention on Human
Rights (ECHR), both of which Hungary has ratified and is legally
bound to observe.
Limited restrictions on the right to freedom of
expression are permitted by both the ECHR and the ICCPR, but only
within strictly defined circumstances. "Even if there are
legitimate interests which Article 232 seeks to protect, the law
is so broad that it threatens the very basis of freedom of
expression in Hungary," Amnesty International said.
Amnesty International considers that legal provisions in
Hungary, other than Article 232 are quite sufficient to protect
legitimate interests of the state such as national security,
territorial integrity or public safety, or maintaining the
authority and impartiality of the judiciary. In these cases,
under the European Convention, restrictions may be placed on
freedom of expression.
The rights or reputations of public officials are protected
by other criminal or civil actions, which anyone, regardless of
status or function can take in order to protect his or her
reputation.
Amnesty International is concerned that the enforcement of
Article 232 has resulted in the prosecution of people who have
exercised their right to the free expression of political or
other beliefs without resorting to or advocating the use of
violence. If imprisoned, they would be considered by Amnesty
International as prisoners of conscience.
Ersi M ty s was charged under Article 232 in October 1992
for a statement made in a television program which the Hungarian
Government considered as defamatory to Horvath Balazs, then
Minister of Interior. Ersi M ty s was initially acquitted but
this judgment was revoked by the Court of Appeal, which
reprimanded him. In September 1993, the Supreme Court ruled for
a retrial on the grounds that the statement under examination was
a factual statement and that Ersi M ty s should be allowed to
prove the truth of his statement.
Lengyel L sl" was charged under Article 232 following a
lecture made on 10 June 1993 on the state of the Hungarian
economy, which was considered as defamatory to the Hungarian
Government. In December 1993, he was sentenced, by the Court of
Appeal, to a fine of 75,000 forints suspended for one year.
Lengyel L sl" has filed an extraordinary appeal to the Supreme
Court.
Amnesty International is urging President Gncz to initiate
a process for a judicial review of Article 232 by the
Constitutional Court of Hungary.