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 9

How did the Nokia-box effect the parliamentary elections?

The smear campaign against Hagyó had significant role in the two-thirds victory. The new Fidesz-led government appointed Tünde Handó as the president of the National Office for the Judiciary, Péter Polt as the Chief Prosecutor of Hungary, Mária Szívós as signatory judge, furthermore they established their authority over the media with the help of the media law. As the Nokia-box had an influence on the election, the election also had an effect on the Nokia-box case, as the above mentioned appointees played a significant role in the progress of the BKV- and Hagyó-case.

Thanks to the Nokia-box legend has the left-party been associated with corruption?

Yes, it has. After Zsolt Balogh’s statement the whole nation was shocked. At the time of the 2010’s election the Nokia-box became the symbol of corruption in the public awareness. The idea of a corrupt, left-liberal and rotten government developed by the right-party related media seemed to be proved for people criticizing the Gyurcsány-government. As a result of the smear campaign the left-party not only lost the elections, but Fidesz was able to obtain the two-thirds majority.

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. 

So far there is no decision for 150 days – Dear Constitutional Court, the summer holiday is over!

So far there is no decision from the Constitutional Court since 150 days in the case of the lawsuit transferences, so thus not even in the BKV case which is a special case.



We already wrote on the 120th day of the waiting that the Constitutional Court on the 21st of April, 2013 questioned Handó Tünde who is the president of the National Judicial Office with the lawsuits transferences and with the constitutional complaint in the connection of Miklós Hagyó and his associates. The complaint was born because they transferred the BKV case to the Kecskemét Tribunal (which Tribunal is already proved with political bias in the Zuschlag case) without the possibility of a remedy against the decision. The questioning happened with the exclusion of the public and the concerned people. 

Kecskemét Tribunal

Here we have included academic recognition which the case has received.

The Handó record is secret for 10 years

The voice record which was made on the closed doors hearing of the president of the National Judicial Office is not public for 10 years. The Constitutional Court only published the epitome of the record on their website. From this not a lot is coming out: according to the epitome of the record Handó mostly was talking about the overloaded situation of the courts. 


(Photo Source: nepszava.hu)

As we already reported, Handó Tünde, the president of the NJO – wife of Szájer József, who is a Fidesz party representative in the European Parliament – had to account for her power about the case transferences in front of the board. According to the order of the Constitutional Court’s standing orders the voice record is a „secret” for 10 years. The order says: about the hearings they made voice records, which will be provision by the Secretary for 10 years, „the voice record is not public until the time of the provision”. Our paper is trying to get the record from the board in the form of public interest data application. 

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. 

Orban's court is running, Tasz: Appoint court is dangerous!

Tünde Handó for the trial of the Hagyó-case appointed that court, which is sentenced Zuschalg for eight and half years imprisonment.

The Hungarian Helsinki Committee and the Hungarian Civil Liberties Union (TASZ) keep very solicitous and incompatible with the requirement of the decent proceeding that regulation, what makes possible that the president of the National Judical Office appoint a different court from the venue for the proceeding's conduct, and attract the president to not give place for such appointments henceforward.- announced the TASZ.



(Photo source: fn.hir24.hu)

The president of the National Judical Office (OBH) used her right what recorded in the basic law's temporary commision, and for nine judical proceeding she appointed countryside courts. The reason of the appointment was the over load of the Court of Budapest. 

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. 

BKV case - Are there serious problems with the basic rights?

From constitutional viewpoint the jogiforum.hu published a study which had rough statements. The writing which is deal with the BKV case, presenting in detail, and support by legally the complaint what the defendants passed in to the Constitutional Court, what is questions specific basic rights emergence.

The dissection which is called The BKV case- is it absolved even from the scope of the legal court right? refer to that in 2011 they initiated a measure – specifically for cases which are emphasized – what ignored/left out of consideration the strict criterions of the limitation of the basic right. Although that the Constitutional Court qualified it unconstitutional and they set aside it, later they yet put it among to the provisions of the basic law. 

Picking Judges is dangerous!

Tünde Handó picked those judge for trialing the „Hagyó-case”, which –as the court of the first instance – has adjudged Zuschlag for 8,5 years prison sentence.

The Hungarian Helsinki Commettee and the Company for the Rights of Freedom worry about the new legal system in Hungary, because the head of the National Judicial Office of Hungary can legally transfer specific cases to courts other than the ones that are assigned by law.


(Photo source: www.hir24.hu)

On February 17, president of the newly created National Judicial Office of Hungary transferred nine cases from the crowded Metropolitan Court of Budapest to various less-crowded courts in the countryside, this decision was based on the constitutional reform of Hungary.