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.
After the Hungarian government declared a state of danger due to the pandemic in March 2020, one of the first extraordinary measures adopted was a blanket ban of all kinds of gatherings, demonstrations and assemblies, excluding the possibility of considering the individual circumstances of each case.
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.