The European Court of Human Rights established in 2015 that overcrowding in penitentiaries in Hungary constitutes a structural problem. The Committee of Ministers of the Council of Europe examines the Varga and Others v. Hungary under the enhanced procedure.
The Hungarian Helsinki Committee contributed to the project “Fighting unconscious bias and discrimination of Roma people in the criminal justice system”, which started in 2018, as a partner. The transnational project was coordinated by the Fair Trials and was funded by the European Union.
In our new policy brief, we discuss the key systemic deficiencies that the Hungarian authorities should address in order to prevent, investigate and sanction police ill-treatment adequately and more effectively – and in order to execute the ECtHR’s related judgments.
The new Hungarian assembly law, adopted in 2018, provides an opportunity for the police to impose undue restrictions on the right to peaceful assembly. Although courts seek to preserve the level of judicial protection of this fundamental right, in several cases, administrative requirements deprive organisers from the possibility of substantive judicial review.
The HHC submitted a communication to the Committee of Ministers on the execution of a 2015 pilot judgment on inadequate detention conditions in Hungarian prisons and the related compensation system. The HHC is of the view that the Hungarian Government should be under strict scrutiny while carrying out its announced review of the system of compensations for prison overcrowding.
In its communication submitted to the Committee of Ministers, the HHC warns that Hungary has been failing to address systemic deficiencies with regard to handling ill-treatment by the police, and so has been failing to execute the respective judgments of the European Court of Human Rights.