The European Court of Human Rights in Strasbourg is like the gentlemen’s club.

The Hungarian judiciary is being criticised by both the right and the left-wing political parties for their decisions made in such cases as the red mud disaster case, the Hagyó-case and the Sukoró-case. The press conference held by Attila Harangozó, president of the Regional Court of Szeged, and his deputy, Attila Hámori aimed at reacting among others to the above mentioned.

Attila Harangozó began the discussion with pointing out that every organization has a structure and on top of the structure there is a leader appointed accordingly. The successful work of an organization requires the loyalty and professionalism of all the members. The court is a national organization – it has to work for the interest of the state and in harmony with it.

It was a lie, however it contributed to the two-third - atv.hu

According to the lawyer of Miklós Hagyó, ex-Deputy Lord Mayor of the socialist party - having been sentenced to suspended imprisonment – there is a direct twofold connection between the Nokia-box, the memento of the BKV-scandal reaching its peak during the parliamentary election period in 2010 and the win of the currently governing parties with two-third majority. According to the election expert answering to our questions the corruption case did contribute to the uncertain voters’ deciding for the right-wing.

Based on the sentence passed by the court of first instance at the beginning of the week none of the accused in the Hagyó-case has to go to prison, what is more some of them are entitled to bring an action for damages. Three of the four charges against the first accused, former Deputy Lord Mayor, have been dismissed by the court. However, for abuse of authority and breach of fiduciary duty he has been sentenced to tow-year imprisonment suspended for four years.

The Magical Nokia-box - part 19.

Are there any cases related to Miklós Hagyó which were closed?

In spite of the obvious partiality four cases related to the Magic-box were closed. It was proved before the court that in the pre-trial detention Hagyó did not commit falsification of private documents related to his registered partner’s visits. Related to the lockup of his wealth the court decision was made in his favour. The investigation initiated based on the report made by the State Audit Office was dropped, furthermore the Court of Human Rights in Strasbourg decided in Hagyó’s favor against the Hungarian state in connection with the conditions of his custody.

How many proceedings have been closed in favor of Hagyó?

Currently the BKV-case the legal state is 4:0 in favor of Hagyó since the investigation initiated based on the report made by the State Audit Office was dropped by the Prosecution Office. It means that in all the four cases the court decided in favor of Hagyó in spite of every effort made by the prosecution.

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 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 10

How did the parliamentary elections affect Hagyó’s nokia-box case?

A couple of minutes after the National Assembly had been established, Hagyó was arrested at his home. He was handcuffed despite the fact that he had declared his intention to cooperate to the police in advance in writing, furthermore there was no intent to escape shown. Hagyó was remanded in custody which was prolonged three times without – all together for 9 months - considerable justification by Mária Szívós and the prosecution led by Imre Keresztes. Hagyó turned to the European Court of Human Rights in Strasbourg for remedy. Meanwhile he was also accused of being in an unlawful relationship with his partner. They decided in his favor in both the cases.

What were the reasons for Hagyó’s custody?

The related orders usually referred to the intent to escape and hide as the reasons for Hagyó’s keeping in custody. His custody was prolonged by Mária Szívós basically simply repeating the same reasons. Hagyó finally spent all together 9 months in custody based on rather doubtful reasons.

Decision from the European Court of Human Rights in 2013

CASE OF HAGYÓ v. HUNGARY
(Application no. 52624/10)

JUDGMENT

STRASBOURG
23 April 2013

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

Application to the European Court of Human Rights from Miklós Hagyó in 2010

The applicant, Mr Miklós Hagyó, is a Hungarian national who was born in 1967 and lives in Budapest. He is represented before the Court by Mr A. Kádár, a lawyer practising in Budapest.

A Witch Hunt: Éva Horváth’s Testimony in the Light of Hagyó vs Hungary

In January of this year, followers of the trial of Miklós Hagyó and 14 associates of the Budapest Transit Company (BKV) heard the testimony from defendant #6 Éva Horváth. Her testimony is not remarkable at this moment because she withdrew previous investigation testimonies. Nearly all of the defendants have in fact withdrawn their investigation testimonies citing that their accusations where made out of fear of harsher treatment from the investigators. 



No, Horváth’s testimony is that much more interesting today because of two things: her described experience in pretrial detention in a Hungarian jail and the recent ruling from the European Court of Human Rights (ECHR) about Hagyó’s pretrial detention circumstances.

In the Wake of Strasbourg’s Decision, Hungary Awaits an Announcement from the Handó Hearing

Navigating the Hungarian judicial system seems a bit like finding a foothold. Last Tuesday the European Court of Human Rights (ECHR) announced that the prosecutors and courts responsible for the pretrial incarceration of Miklós Hagyó had violated several of his basic rights established and protected by the European Convention on Human Rights.




This was excellent news for the entrenched former Deputy Mayor of Budapest and socialist Member of Parliament.

The European Court of Human Rights Declares Hungary Guilty!

Hagyó Wins in Strasbourg! Just this morning the Second Section of the European Court of Human Rights (ECHR) in Strasbourg, France delivered its decision on the case Hagyó vs Hungary. The court announced that it found the Hungarian judiciary guilty and thus in violation of all alleged charges. The official decision is here.



Hagyó, former Deputy Mayor of Budapest and Member of Parliament, lodged a complaint with the ECHR on September 6, 2010 regarding the circumstances of his pretrial detention.

European Court of Human Rights Ready to Announce Verdict about the Hagyó Case

According to Népszava, a Hungarian daily, the European Court of Human Rights announced that it will make a verdict on Tuesday, April 23 regarding the trial of former Budapest Deputy Mayor Miklós Hagyó.




Hagyó and his lawyer turned to the court in Strasbourg in 2010. Citing that investigators denied his basic rights established in the European Convention on Human Rights, the former MSZP leader claimed that Hungarian investigators specifically violated Article 3, Article 5, and Article 8. The petition is viewable on HagyoMiklos.com

Hagyó won a battle

In Strasbourg they adjudicated in the case of Hagyó Miklós, who is the main defendant in the BKV case. The European Court of Human Right adjudicated a few million forints compensation for the former deputy lord mayor, as they said: the authorities who restrained him violated the prohibition of the inhuman treatment and for the personal freedom, together with right of the legal redress/remedy. During this Handó Tünde, the president of the National Judicial Office strove/tried to explain the transference of the Hagyó case in front of the Constitutional Court.

The Hungarian authorities did multiple violation of law at the detention of Hagyó Miklós – said yesterday the European Court of Human Rights, therefore they obligated the Hungarian government to pay out 12.500 euro relief – this is 3,75 million forints – and 6000 euro law cost – further 1,8 million forints. The former deputy lord mayor who is the I defendant of the BKV case which is in the Kecskemét Tribunal turned to Strasbourg in 2010, because according to him they put him into pretrial detention unduly, and extended his duress provision several times. 

Hagyó case: verdict on Tuesday in Strasbourg

They will announcement on next Tuesday in Strasbourg in the case of the main defendant of the BKV, Hagyó Miklós. The former deputy lord mayor turned to the European Court of Human Rights in 2010, according to him the Hungarian investigation who restrained him made a violation of law. For example they hurt a lot of item of the European Convention of Human Rights, so the support for the rights of freedom and security, the prohibition of the inhuman treatment, and the right of the family life. 

According to Hagyó they put him into pretrial detention unduly and extended it more times despite his deteriorative health shape. According to his statement „he had no intention to escape to abroad” and he cooperated with the authorities from the beginning. Hagyó also detriment that with the allude to the danger of collusion after a while they prohibited to his partner to visit him over the visiting hours. Hagyó was in pretrial detention for almost 10 months, after this they put him into house arrest. 

The Constitutional Court is hears the president of the National Judicial Office behind closed doors

According to the Institution of Eötvös Károly, the Hungarian Helsinki Comittee and the Hungarian Civil Liberties Union it is injuring the power of the state's decision-making public, the right of the access of the public utility informations and the principle of the fair proceeding, that the Constitutional Court is hearing the president of the National Judical Office behind closed doors.



(Photo source: mno.hu)

According to the announcement of the president of the Constitutional Court (AB) is gonig to hearing Tünde Handó the president of the National Judical Office (OBH) with the public lock-out, in coherence of the Hagyó-case complaint of the constitutinal right's consideration. The basic of the proceeding is that the president of the OBH transposed the case from Kecskemét to Budapest. The petitoners of the complaint of the constitutional right together with other things traversed that about the case-transference only the prosecution service evolved his opinions, the accuseds and their defenders not. 

Tomorrow Handó can explain herself

Tomorrow the Constitutional Court is going to hear Tünde Handó, the president of the National Judical Office with the coherence of Hagyó and his partner´s complaint of the constitutional right. The main point of the complaint is that the BKV-case were transposed to the Court of Kecskemét so what has proved it´s political prejudice at the Zuschlag-case, that there was no remedy chance against the verdict. 

According to András Kádár lawyer´s relation, the hearing from incomrehensible causes is gonig to happen with the lock-out of the public and the concerneds.

In the Hungarian claim history up to this point apropos of this unprecedented occasion, we had traversed the main points of the case, and Tünde Handó´s previous statements about the practice of the suit transfers.


(Photo source: nepszava.hu)

Tünde Handó, wife of József Szájer Fidesz-party EP-representator was lifted to the president chair of the OBH by the parliament in 13 of december in 2012, and she is practicing her power from 1 of january, 2012. That day the new constitution came into effect, what is together with the fundamental law's provisions makes enable Tünde Handó to decide about the questions of the court appointment.

Hagyó’s complaint is still in Strasbourg – The Népszava’s article from the 14th of December

Hagyó’s complaint is still in Strasbourg – The Népszava’s article from the 14th of December

The court of Strasbourg and the Constitutional Court took in/admit the complaint from the defendants of the BKV case – turned out from the documents which made public on the hagyomiklos.com.

The lawyers of the defendant’s turned to the European Court of Human Rights and to the „rope syndicate” because the president of the National Judicial Office, Handó Tünde transferred the case from the Budapest Court to the Kecskemét Court. According to the petition from the lawyers, basic constitutional rights damaged with the transference of the case.

According to the lawyer of the main defendant (Hagyó Miklós, former deputy lord mayor), Kádár András and his defender fellows the right of the legal judge damaged because the transference was made without the excludability of the detachment, transparency and peremptory.

(Source: kis-kunsag.hu)

According to their standpoint, the damage of the impartiality requirement exist too, because the case was relocated by the National Judicial Office’s president, Handó Tünde (who is the wife of Szájer József, the representation of EP, Fidesz party) to a court where in a similar political connection they already made a serious adjudication in the case of Zuschlag. Moreover the right for the remedy is damaged too, because against the decision (to transfer the case to another court) of the president of the National Judicial Office there was no effective remedy – consist in the petition. For that matter the lawyers already asked for the suspend of the case because of this, but their proposal was rejected by the court and by the Szeged Court (court in second instance).

Népszava information

Source: http://www.nepszava.hu/articles/article.php?id=607348

Original:

Már Strasbourgban Hagyóék panasza - A Népszava december 14-ei cikke

Címkék: bkv per hagyó miklós handó tünde kecskemét | Szerző: Hagyó Dosszié | 9:19 am

Befogadta a BKV-büntetőper vádlottjainak panaszát a strasbourgi bíróság és az Alkotmánybíróság (Ab) is - derült ki a hagyomiklos.com-on nyilvánosságra hozott dokumentumokból.

A vádlottak védői azért fordultak az Emberi Jogok Európai Bíróságához, és a taláros testülethez, mert az Országos Bírósági Hivatal (OBH) elnöke, Handó Tünde a per tárgyalására a főváros helyett a Kecskeméti Törvényszéket jelölte ki. A védők beadványa szerint alkotmányos alapjogok sérültek az ügy áthelyezésekor.

A fő vádlott Hagyó Miklós volt főpolgármester-helyettes ügyvédje, Kádár András és védőtársai szerint sérült a törvényes bírához való jog, mivel az áthelyezés az objektivitás, átláthatóság és önkényesség kizárhatósága nélkül történt meg.

 (Forrás: kis-kunsag.hu)

Álláspontjuk szerint fennáll a pártatlanság követelményének sérelme is, hiszen a tárgyalást az OBH elnöke, a fideszes Szájer József felesége szignálta át egy olyan törvényszékre, amely korábban hasonló politikai összefüggésben már súlyos ítéletet hozott a Zuschlag-ügyben. Valamint sérült a jogorvoslathoz való jog is, mivel az OBH elnökének más bíróságot kijelölő döntése ellen a jogszabályok nem biztosítottak hatékony jogorvoslatot - áll a beadványban. A védők egyébként mindezek alapján már korábban kérték a büntetőper felfüggesztését, de indítványukat a bíróság, majd az ítélőtábla is elutasította.

NÉPSZAVA-információ /

The European Court of Human Rights Remains Silent

According to a December 14^th, 2012 post from the Hungarian blog Hagyó Dosszié, a complaint filed to the European Court of Human Rights (ECHR) and the Hungarian Constitutional Court from the defendants in the trial of the BKV associates is still under review.

The suspects and their lawyers attested the transfer of the trial from the capital city Budapest to the Kecskemét Tribunal.  This has been a controversial occurrence in the trial because Kecskemét is generally considered to be politically sympathetic to the prosecutors.

According to András Kádár, the lawyer of defendant number one Miklós Hagyó, the transfer has damaged the integrity of the case and abused the defendants’ rights.  Kádár also complained about the lack of transparency in the transfer process.

I’ve written other posts about the transfer to the Kecskemét Tribunal which can be readhere, here, and here.


Source: http://thehagyocase.wordpress.com/ 

The Pre-trial Detention and the Strasbourg Court of Human Rights

I have written that Miklós Hagyó was subjected to a 9-month term in pre-trial detention, which is one of the more controversial aspects of the entire affair. Apparently, though, I am not the only person who considers the pre-trial detention circumstances lawfully questionable. 

Hagyó recently petitioned the Strasbourg Court of Human Rights (SCHR) to consider his case with regards to the legality of his time spent within the penal institution. After receiving Hagyó’s plea, the SCHR has essentially agreed to review his case, and subsequently has asked the Hungarian Ministry of Public Administration and Justice to lay forth their claims on this case.

BKV case- are they represented fairly according to the statutory right of the court?

A conspiracy theory and its victims

Judicial reform in recent years has become more and more noticeable in the spirit of being anti-liberalism. This ideology sees an irreconcilable conflict with the right of freedom and between private interests and national interests.

Christian values uphold the right of freedom, such as respecting human dignity in the eyes of those who declare that there is no other, as anti-national products of intellectual schemes of the conspirators,  which, according to the “traitors ", the obstacles that are set in front of the objective is to achieve national self-determination.

This idea is presented to us successfully by the media, that many people believe that our country is constantly under threat, such as by the European Union, by the international financial world, and it is continuously generating fear, anxiety, hatred, and aggression. The battle brings an almost paranoid behavior to the majority of the Hungarian society.

One artificially created image or illusion from the enemy is liberalism, and its ideals of liberty rights. The radical right did not by accident consider China as a model, where civil liberties, the judicial independence of the judiciary also dramatically overshadows the compassion, rejected as "liberal blight", a denied relationship not only with Europe, but it’s ancient traditions, and in this spirit often used the death penalty for offenses against public property.