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 Magical Nokia-box - part 22.

What decision was given at first instance?

After the prosecution admitted that they had committed mistakes and the charges related to the Nokia-box had been dropped, Hagyó was imposed two-year suspended sentence. However, he was not found guilty in connection with the Nokia-box and the metro line 4, furthermore the charge of being involved in criminal organization was also dropped. Since the ex Deputy Lord Mayor is still pleading his innocence the responsible defence lawyers have appealed the decision and the case goes to the court of second instance.

What were the antecedents of the decision?

The last witness was heard in September, 2015 in the BKV case. However, even after the case took more unexpected turns. In the last moment the prosecution amended the indictment again basically eliminating the count related to the Nokia-box.

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.

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. 

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 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. 

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. 

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.

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. 

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.

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

HagyoMiklos.com Offers Documentary Facts

Miklós Hagyó’s digital presence has been expanding, which is great news considering it has come in the form of a few blogs and a website offering case-related documents.

 The website, hagyomiklos.com, has published information concerning much of his legal plight such as trial testimonies from Hagyó and other defendants.