Hungary has to change its laws and practice in many respects in order to prevent, investigate and sanction police ill-treatment more effectively, shows a decision published today by the Committee of Ministers of the Council of Europe.
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.
On 31 March 2020, the Hungarian Government issued a decree that overrode certain provisions of the Hungarian Code of Criminal Procedure with a view to state of danger declared by the Government due to the COVID-19 pandemic. Further amendments followed on 8 May after the adoption of another government decree.