Election campaign reload – The investigations in the „Nokia box case” has been relaunched

In their submission full of formal errors Appellate Chief Prosecution Office in Szeged requested the initiation of the full reinvestigation of the story of Nokia-box at the regional court. If accepted this would be the third time that the case was put under investigation although the defendants have been acquitted by two times.

In case reinvestigation is approved by the Szeged Regional Court of Appeal in the proceedings beginning in September, it would be the third time that Fidesz would get the opportunity to influence the parliamentary elections with the same story. It should not be at the suprise of the ones following the case that along with the submission a prize from Péter Polt has also been accepted by the Prosecutor of Szeged competent in the case.

In September Tünde Handó, at long last, might be home and dry with one of her first decisons made right after she took office in January, 2012. The „Hagyó-case” did land in Szeged as it had been planned by Handó from the very beginning. Despite the decision made by the Constitutional Courd and their clear opposition, in the proceedings started the second time the only destination of the case could be Szeged. Perhaps, at the attempt to understand the ’why’ it could be useful to know that Attila Harangozó – the only candidate for the position of President of Szeged Regional Court of Appeal and then appointed by Handó – at a press conference referred to the President of OBH as his employer and he described the European Court of Human Rights in Strasbourg as gentlamen’s club. After all, it should not be at our suprise that Péter Polt’s prosecutors in Szeged are eager to carry out their duties accordingly. And what are these duties exactly?

The Magical Nokia-box - part 23.

What are the expected consequences of the court decision?

I connection with the court decision considered to be “too lenient” the Fidesz wanted to call the judicature to account, however the high ranking representatives of the judicial power – involving Tünde Handó – have protested against it. The events took a dramatic turn when more judges making statements anonymously admitted that no independent judiciary exists in Hungary and the judges are exposed to the influence of their superiors. Definitely, this explains a lot in connection with the highly questionable decisions made in the BKV-case in the investigatory phase.

How did the MSZP turning their back on Hagyó react to the court decision?

After the court acquitted Hagyó of the most serious charges, the MSZP took the former socialist Deputy Lord Mayor under their protection. Better late than never, right? Well, since the story broke this was the first time that the socialist stood by their ex co-member having been dragged through the mire. Gergely Bárándy, the socialist vice-President of the legislative board stated that the charges were unfounded, they were lies. There was no Nokia-box, there was no corruption and there were no bribes. He also mentioned it more times that the Fidesz tries to increase their support by initiating show trials and unfortunately, they can always find people at the Prosecutor’s Office who are happily willing to provide assistance to the Fidesz with its methods associated with the “darkest dictatorships”. Gyurcsány referred to the Nokia-box as a smart marketing trick in an ATV program.

The Hagyó-case: according to the Prosecutor General it was not legally established to interrogate Demszky - atv.hu

It was not legally established to interrogate Gábor Demszky, former Lord Mayor, in relation to the so called BKV-lawsuit against Miklós Hagyó, former socialist Deputy Lord Mayor, and his co-defendants - said Imre Keresztes, the Chief Prosecutor of the High Prosecutor’s Office of Central Investigations at the press conference taking place on Monday.

The journalists present pointed out that it is a case in which the authorities investigated the responsibility of the Deputy Lord Mayor and Demszky’s former inferiors and the abuses taking place in a company of the capital. 

MSZP: The Fidesz feeds the media with show trials - nepszava.hu

According to the MSZP the Fidesz is trying to increase their support by initiating show proceedings and they can find people at the Prosecutor’s Office who are happily willing to provide assistance to the Fidesz with their methods associated with the “darkest dictatorships”.

Gergely Bárándy, vice-president of the socialist legislative board of the Parliament stated: during the criminal procedure brought against Miklós Hagyó, former socialist Deputy Lord Mayor, and his co-defendants, it turned out that the charges were groundless lies. There was no Nokia-box, there were neither bribes nor corruption. Those who have provided assistance with the show trial were rewarded: for example the prosecutor bringing charges against Miklós Hagyó became István Tarlós’s, Lord Mayor’s chief advisor.

Hagyó finally does not need to go to prison – here is the court decision - nepszava.hu

Hagyó, ex socialist Deputy Lord Mayor, was sentenced to tow-year imprisonment suspended for four years for abuse of authority and breach of fiduciary duty as inciter by the Court of Kecskemét at first instance on Tuesday. The charge of bribery, however, was dropped.

The charge against Ernő Mesterházy (ex political chief advisor of the Lord Mayor), second accused, was dropped by the judicature presiding by Ibolya Hadnagy. According to the explanation of their decision in his case only one act of incitement without result could be established.

The Magical Nokia-box - part 21.

Why is the work of prosecution questionable?

The BKV-case is a good example of how successfully can the prosecution, the police and the court work together when the political interest requires so. One of the most important roles was performed by prosecutor Szabadváriné Dr., the chief of the Department of Special Investigation. It can be hardly considered to be correct that the first highly illegal arrests and interrogations in relation with the investigation took place with her approval – just as the fact that later she was awarded for this by Tarlós. Not to mention that the charges related to the Nokia-boxes were dealt with unexceptional attention and priority – often ignoring the related processes. The investigation in the case of the well indicated bribery was launched after Balogh unsaid his testimony. Until that time it was considered as a charge supported by one single person’s statements.

Who did initiate the prosecution in the BKV-case?

The scandal around the severance pays paid by BKV broke in 2009, not much before the parliamentary elections. The Fidesz, of course, abused the situation and they were continuously attacking the coalition leading the capital. The first charges were made by the future lord mayor as the representative of the party. István Tarlós turned to the prosecutor’s office in connection with the above mentioned severance pays on July 29, 2015.

The Magical Nokia-box - part 17

Who are the main protagonists taking advantage of the case?

György Pető leading the investigation got the lead of both FKF and FBI. Ottó Halász conducting Hagyó’s interrogation became the deputy director of the security board of FKF. Gábor Tóth currently is the supervisor of a public security working group at the Municipality of Budapest, where he can work together with more of his ex colleagues and other police higher-ups. Iván Szabó was awarded with the Order of Merit of the Republic of Hungary, Officer’s Cross, while Imre Keresztes was awarded with the Order of Merit of the Republic of Hungary, Commander’s Cross. Prosecutor, György Győri became the chief-deputy prosecutor of the Prosecutor’s Office in district XI and XII. Mária Szívós thrives as constitutional court judge.

So the ones who performed major roles in blackening the BKV-case were rewarded?

Exactly. Police officers, lawyers, prosecutors and judges acting according to the related political interests were awarded, despite the fact that they had committed – gently saying -“professional mistakes”.

The Magical Nokia-box - part 16

When did it turn out that the story of the Nokia-boxes is not more than a legend?

On October 9, 2012 the story took an unexpected turn: during his court hearing Zsolt Balogh unsaid his statements on the Nokia-boxes. He was called by Judge Ibolya Hadnagy to declare if he keeps his investigatory testimony. Balogh said that he keeps the one given before the court. About his significantly different investigatory testimony read out by the judge he said he had stated incriminatory things in it in order to meet the needs expressed by the prosecution and avoid prison: “I am not a hero. I did not want anything else just to go home.” Later, in March 2015 he completely withdrew the story of the Nokia-box and he apologized to Hagyó spending nine months in custody for his earlier false statements on him. Finally, the prosecution did drop the related investigation, admitting that the statements on the Nokia-box cannot be supported with evidence.

Why is it particularly significant that Balogh unsaid his testimony?

Because the whole Nokia-box scandal developed from his statements. Among others, this is how the story about the bribes delivered to Miklós Hagyó, former Deputy Lord Mayor, on several occasions by Balogh got around. The indictment of the BKV-case also based on these statements just like the two counts against Hagyó.

The Magical Nokia-box - part 15

Did Miklós Hagyó admit the charges against him?

The moment when Miklós Hagyó gave his testimony before the Court of Kecskemét was waited for impatiently by the media and the public as well. In his testimony Hagyó rejected the charges brought against him including the Nokia-box related statements. Moreover he drew the attention of the court to more inaccuracies in the indictment. In the indictment more dates are inexact and it was compiled without questioning him or other executives involved in the case about the Nokia-boxes during their pre-trial detentions.

Why did not the indictment fulfil the formal requirements?

The crime of bribery and blackmail described in Count II of the indictment is too general; also it fails to refer to the exact location and time of the delivery, in other word the situational elements necessary for the concretization are missing from the document. Therefore the charges against Miklós Hagyó which are related to the Nokia-box do not fulfil completely the requirements of the legal criminal procedure, which would ensure that the prosecution be brought only based on proven and concrete facts of the case filed accordingly in the Indictment. However, there are issues concerning the provability of the indictment, as the interrogatees reported the influence of the investigatory statements.

The Magical Nokia-box - part 14

Why was the BKV lawsuit reassigned – twice – to Kecskemét?

The new Fundamental Law of Hungary granted Tünde Handó, president of the National Office for the Judiciary, the right to (re)assign the BKV-case to the Court of Kecskemét famous for giving unreasonably severe court decisions. According to the plans the judgement would be passed in the peak period of the campaign, 2014. The plan itself failed, however the BKV-case resulted in a “legal horror story”. Although the Constitutional Court stated that the reassignment of the case violated the law, the courts involved began passing the BKV-case to each other until it finally got back to Kecskemét again.

Was the possibility of the reassignment of lawsuits involved in the law because of the BKV-case?

Possibly, it was. The investigations in the BKV-case were already ongoing, when in 2011 the pro-government two-thirds of the parliament defined the term “case with high priority” in the Criminal Procedure Code. The related legislation made it possible that cases with high priority be assigned to a court by the responsible Prosecutor’s Office or referring to workload the president of the court could drop these cases. Since the Constitutional Court prevented that the Fidesz related Péter Polt, Chief Prosecutor, could assign the case to a court, another solution was produced.

The Magical Nokia-box - part 13

Did also the indictment contain the Nokia-boxes?

At the beginning of 2012 the prosecution was brought. The Nokia-box count was based on exclusively and solely Zsolt Balogh’s contradictory statements. The indictment of course contains the case of the Nokia-boxes, however interestingly the Nokia-boxes themselves are not mentioned. In the indictment issued carelessly and inaccurately has a reference only to the 15-15 million forints which was delivered to Hagyó on a yearly basis. Any other details on the location, the time or other circumstances are not mentioned in it. The term „Nokia-box” does not occur in the text at all.

What does the indictment exactly say about the Nokia-box?

Literally the following:

Miklós Hagyó, first accused, as the Deputy Lord Mayor of Urban Management and Asset Management of the Budapest Municipality, abusing his official position in March 2008 instructed Zsolt József Balogh, fourth accused, as the Chief Executive Officer of the BKV to deliver 15 million forints to him on a yearly basis.

Péter Ottoné Szabadvári dr. - Her role in BKV-case

We do not know much of Szabadváriné’s carrier. You cannot find her CV on the internet or her exact date of birth and there is no information on her studies. The only thing which we know for sure is that she played a significant role in the BKV-case as the head of department of the Special and Economic Affairs of the Metropolitan’s Prosecutor’s Office.

She also took part in other metropolitan investigations in 2010. After this, she became one of the senior advisors of István Tarlós. However, she took this position under her husband’s family name, which seems to be logical if we take into consideration her doubtful cases.  

The prosecutor getting Hagyó into custody is also one of Tarlós’s chief advisors

The former prosecutor who succeeded to have the former Deputy Lord Mayor of MSZP in custody appears on the list of Tarlós’s advisors by the name of her husband’s with a monthly salary of 850 thousand forints. Former counter intelligence agents and police officers involved in the BKV-case are employed by the capital city, as well.

One of the Lord Mayor’s most well-paid chief advisors is Péter Ottóné Szabadvári dr. The lawyer currently using his husband’s name at the City Hall worked as prosecutor by the name of Katalin Vámos: she was involved not only in the Hagyó-case but also in proceedings against more executives in Budapest. Her name also appears in cases of breach of state-secrets and in the cases in connection with the UD Ltd. She is not the only one who took a role in these cases and became employed by the capital after Tarlós had been elected.

The former prosecutor can be hardly recognized

On the salary list published by the Origo a couple of weeks ago the most well-paid advisor in the 14-member advisory team appears by the name of her husband, Péter Ottóné Szabadvári dr. The chief advisor working as special referee for a monthly salary of 850 thousand forints was identified by the Origo as the former prosecutor who had played an important role in the Hagyó-case.

The mafia charges of billions of forints have melted

In most cases because of the absence of crime police have terminated the criminal procedures initiated after the change of administration in 2010. stipulations of international treaties. In several cases the courts were unable to find proved the accusation of the existence of some kind of mafia entity. Tax payers are to bear the 100 billion Hungarian Forints which is contested in the lawsuit connected to Sukoro investment.

Miklós Hagyó former socialist Deputy Mayor was shocked when he saw himself in a picture in a FIDESZ campaign poster on the streets. In those posters he is not illustrated in a good manner at all. Although he has been retired for 4 years and he has no intention to return to the public life. Our newspaper went to what happened with those members of the public against whose criminal procedures were initiated – not exempted from political overtones – during 2009 and 2010. Which is the present status of these procedures, is there any decision in force, the accused are released or sentenced?

INDEMNITY

We were looking for Miklós Hagyó to take a statement about how he has lived through the past years, what lesson was stabbed from his position of Deputy Mayor, what he would do in another way and what is the truth about the alleged millions carried in a Nokia box. However – via his legal representative – he said that he does not intend to say a word. “Once you’re bitten by a snake you fear the lizard as well.” – reflected András Kádár attorney-at-law why his defendant rejects to comment. It is known from Hagyó that he lives secluded in the embrace of his family. After his arrest his physical condition was broken down, he lost 37 kg weight. Now he has been waiting for the end of the criminal proceedings regarding the BKV case. Miklós Hagyó was arrested on 14th new Parliament, almost at the same time when his former socialist party co-‘s took their oath. Although he had indicated – via his legal representative – to the authority weeks ago that it is his full intention to cooperate with them, special police force knocked on his house’s door. He opened the door then the special force pushed him against the wall, handcuffed and led him in the crossfire of the media. The video had been shown for weeks by the public media. Meanwhile Hagyó’s condition was getting worse and worse in the correctional institution, he spent more than 4 months in a guard house where the available space was 3,52 square meter per person, furniture included. Then he spent 4 months in another place where the ratio was 4,7 square meter per person. His lawyers wanted him to be placed to home guard however they also referred to and emphasized a procedural anomaly: the authorities failed to determine the real reason of the arrest. Also the European Court of Human Rights did not find everything fine since the Court judged EUR 20,000 indemnity in favor of Miklós Hagyó in 2013. As we know Hungary has already paid this amount to him. 

The Fidesz had been curing – It could have been prevent the lot of penalty

Really it should have been only this, and then the Hungarian tax-payers shouldn’t have to pay the penalty damages because of the case transferences? It’s a public joke.

We can start this story from far away, but there is no sense for the enumeration. They will do this a few years later on the law schools, when probably the purpose which allusive the special criminal cases and which is supported by the 2/3 government will be a curriculum in there.


This made it happen that Tünde Handó, who was newly elected president of the National Judicial Office in the January of 2012, could appoint court which are equal in scope but it’s diverge than the general cognizance courts in politically tender cases, like the Sukoró’s plot change, the BKV case, or the trial of György Hunvald. The National Judiciary Office had the same charge from lot of sides, that they appoint these kinds of cases according a sin which countryside court has a stricter or more extenuate judgment, according to the earlier cases.

Let’s go to Kecskemét

The BKV case should had been trial in the Budapest Court, but Tünde Handó appointed it to the Kecskemét Court in the February of 2012, with the allude to the workloads of the other court. Against the decision the concerned people couldn’t make an appeal but they made a constitutional complaint and they asked for suspend of the process. All of this didn’t block the process, the appointed judge started the case in the Kecskemét Court. She questioned all the defendants and almost all of the witnesses. Roughly after 50 days of hearings December of 2013 came, when the Constitutional Court in their decision established that the laws about the case transferences were repealed by the Parliament and it’s come up against the Basic Law and against the international rules. 

They can start the Hagyó case from the beginning

There is still no owner for the notorious crimes, for the BKV scandal, for the 15 billion MVM misappropriations or for the Sukoró case. All of these were started in the countryside, but after the decision from the Constitutional Court about the case transferences, the cases had been stopped, because the courts in the countryside didn’t keep being competent anymore. 

The special cases can be stopped for maximum 3 months without consequences. By this time we already overstepped the 3 months round, so it seems like that now it doesn’t matter anymore that what court will be the competent, they have to start over all the special cases.

On 13th of June, 2012 the criminal suit of Miklós Hagyó, former deputy lord mayor and his fellows started on the Kecskemét Tribunal. Photo: Huszti István / Index

The arguments about the unclaimed notorious cases came so far for now that – it seems like – that it sure that they have to start them over, independently from that fact that in which court will the cases continue. These are those difficult, big cases what the transferred to countryside court because of the workload of the Budapest’s court: such as the BKV scandal which was transferred to Kecskemét, or the former MVM leader, István Kocsis’s 15 billion misappropriation case which started in Kaposvár. The status of these cases fell over when the Constitutional Court in the beginning of December said that the former law which was the basis of the case transferences was unconstitutional and it had been already repealed. First it said that the decision of the Constitutional Court doesn’t influence the pending cases because the Constitutional Court rejected the proposal when they asked the extermination of the dockets of the transferences. 

Hungary, An Election in Question, Part 5

This is the final post of a new series from my Princeton colleague Kim Lane Scheppele, head of Princeton’s Law and Public Affairs Program.

Hungary: An Election in Question
Part V: The Unequal Campaign
Princeton University and the Institute for Advanced Studies, Princeton
24 February 2014

Kim Lane Scheppele

Officially, the election campaign in Hungary starts 50 days before an election, so the race began in earnest on 15 February for the 6 April election. Once the campaign period starts in Hungary, special rules ensure that all parties are treated equally.

But as Anatole France once said, “In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread.”

We’ve already seen how the new system in Hungary was designed to push opposition parties into an uncomfortable alliance and to require they win by a substantial margin to win at all. And we’ve seen how the system of minority and foreign voting has opened the doors for Fidesz voters while closing them to those who would vote for opposition parties.

Not surprisingly, the rules for the campaign period itself also have a similar logic.

Free and fair election? It doesn’t look promising

It was on August 6, 2011 that I reported on Hillary Clinton’s apprehensions about the state of democracy in Viktor Orbán’s Hungary. She talked about the two-thirds majority that “offers the temptation to overreach. It can … allow for important checks and balances to be swept aside, and valid objections from citizens to be ignored.” 

This is why “the United States and other friends” are urging Hungary to pay special attention to the drafting of the cardinal laws. “The most important of these will pertain to an independent media and judiciary, and free and fair elections. The system cannot be permanently tilted to favor one party or another.”

Elsewhere, also during the same trip to Hungary, in a conversation with leaders of the opposition she reiterated that holding “free and fair elections” is a prerequisite of democracy. If that principle is violated, we can no longer talk about a free and democratic society. She practically told the opposition leaders: let’s see what happens. Until then, we cannot do anything.

Well, the national election will be held on April 6, 2014, and it can easily happen that it will be anything but fair. It will be a system that is “tilted to favor one party.” Foreign observers will most likely not find wholesale cheating, although even that possibility cannot be entirely ruled out, but the constantly changing laws over the past year or so are destined to tilt the playing field in favor of the governing party.


Here are a few worrisome signs that Viktor Orbán is planning to determine the outcome of the election through rules and regulations that are disadvantageous to the opposition. Let’s start with the introduction of a system that forced all the opposition forces to form a united front against one highly centralized and monolithic party, Fidesz. Getting the divergent parties to agree to a common platform took a long time and gave an undue advantage to Fidesz. Second, the redrawing of the electoral districts greatly favors Fidesz. Third, according to the Hungarian constitution the president alone can determine the date of the election within a certain time frame and naturally János Áder, a former Fidesz politician, picked the earliest possible date, which favors the government party. He did that despite the fact that a later date would have allowed the government to hold the national and European parliamentary elections at the same time. Another reason for not holding the two elections simultaneously was Fidesz’s desire to have a low turnout at both elections. A low turnout favors Fidesz.

The Hagyó case had been replaced to Budapest – Népszava article

In the criminal procedure of the former deputy lord mayor and his 14 associates in the warrant from the Kecskemét Tribunal on December 6th, 2013, they established the lack of cognizance and they placed the case to the Budapest Tribunal – announced the Kecskemét Tribunal. 

As it known: Handó Tünde, the president of the National Judicial Office (the wife of József Szájer, who is a Fidesz representative of the European Parliament) in 2012 appointed the Kecskemét Tribunal for the continuance of the process. In the meantime the provisions of measures were eliminated by the Constitutional Court which was the basis of the appointment – with the references of collision with the basic law offence and international contracts.

The official people who works in the BKV case can get 10 years

The bill submitted by MSZP not long ago would punish official people with the possibility of 10 years imprisonment – that way also the prosecutors and the investigators working on the BKV case – who produce made-up evidences or if they participate in this action with malfeasant tools.





The defendants and witnesses involved in the BKV case during the hearing reported one after the other that they’ve made their previous testimonies which were incriminatory to others under humiliating circumstances, directionally, coercion interrogations as a result of the interrogating investigators’ and policemen’s threats.

Even Zsolt Balogh, the case’s key witness and at the same time defendant also admitted that the reason behind his incriminatory statements (for example about the Nokia box) during the election campaign was that he wanted to meet the expectations and to avoid jail. “I’m not a hero, I didn’t want anything else just to go home” – he confessed before the court.