Hungarian Parliament Must Reject Assault on Arrest Rights

NEW YORK—The Open Society Justice Initiative is calling on the Government of Hungary to withdraw a proposed parliamentary bill that would drastically curtail the most basic rights of any suspect charged with a crime by Hungarian police, in violation of the European Convention on Human Rights.

The bill, submitted on June 14, 2011, to the Hungarian Parliament by the Constitutional Committee, would amend Hungary's existing legislation, enabling police to:

• Hold suspects for up to 120 hours without judicial review
• Prevent suspects from contacting a lawyer during the first 48 hours of detentinon
• Interrogate suspects during the first 48 hours of detention without the presence of a lawyer
• Withhold information regarding the reasons for the arrest

James A. Goldston, executive director of the Open Society Justice Initiative, said the measures would also violate the terms of a new draft European Directive on arrest rights, published earlier this month by the European Commission.

"This proposed bill is draconian in scope, and comes as the rest of Europe is moving towards shared standards that would guarantee all suspects basic rights such as the ability to contact a lawyer on being charged," he said.

Zaza Namoradze, director of the Justice Initiative's office in Budapest, the Hungarian capital, said: "This bill raises further questions about the current government’s commitment to rights guaranteed by the European Convention on Human Rights."

In a report released on Monday, the European Council's Venice Commission of legal experts expressed its concern over the rights guarantees written into Hungary's new constitution, which was approved in April this year by MPs from the ruling Fidesz/KDNP coalition despite opposition from the other three parliamentary parties.

The Venice Commission raised questions about the new constitution’s approach to issues including nationality, civil rights, and media freedom.

The arrest rights' bill is currently under discussion in the Hungarian parliament, and is expected to be voted on in the first week of July.