workers' movement. With a detachment of young workers they knocked down the red star and hauled down the red flag, which they burned.

"Communists of the village perceived the misdeed, reported it to the police, and the culprits were arrested. This will be the fate of all those who offend the red battle flag of the proletariat."

A letter written from Hungary in late August reported that many of the Red Stars have somehow disappeared from the Budapest Industrial Fair. According to a more detailed report, the official opening of the Fair, which had been scheduled for 10 A. M. on May 31, had to be delayed for a full hour because "unknown persons" had removed the Red Stars from the entrances of the building and had put up the Kossuth emblem instead. In the course of the investigation, it was established that some of the culprits were the same decoration workers who had been assigned to put up the emblems before the Fair opened.

The story of the continuing resistance of the Hungarian people could be documented with thousands of quotations from the Budapest and provincial press. For example, Kisalfold (Gyor) complained on March 6, 1957 :

"Provocators do not rest. In Budapest, in Gyor, in towns and villages, workshops and offices the words MUK and JUK ('We'll start again in June') are heard. Counter-revolutionary elements do not rest in their endeavors to create an atmosphere of terror, although times have changed and we cannot compare the conditions of today with those of two or three months ago."

Every calendar date which might conceivably have provided the occasion for opposition manifestations has been preceded by mass arrests and extraordinary military and police precautions. In Budapest several thousand people were taken into temporary custody before March 15, the Hungarian National holiday; before April 4, which celebrates Hungary's liberation from Nazi rule; and before May first.

After July 10, the rumor began to make the rounds that the Freedom Fighters, intending to take advantage of the open schism in the Kremlin and Khrushchev's trip to Prague, were planning to launch a new uprising. A letter from Budapest dated July 16, said: "The situation is tense. The Communists appear to be terribly afraid. Last Sunday four policemen were stationed on every corner of the Boulevard while patrols of three policemen moved up and down between corners." According to another report, on the morning after July 10, the Buda Mountains were packed with Soviet soldiers and guns were emplaced on Mount Gellert, trained on key points in Budapest. "Had the whole thing not been so sad," said the report, "we should have had a good laugh, for it showed so clearly the terrible fear that the Communist heroes have of their own shadows. . ." But perhaps there is some reason for the jitters which the regime so frequently displays. Deputy Prime Minister Ferenc Meunnich stated recently that 80,000 weapons are still missing from the Army's pre-revolutionary arsenal. Since death is the penalty for concealment of weapons, what Meunnich's statement means in effect is that there are almost 80,000 Hungarians who are prepared to risk death rather than surrender the weapons with which they almost won their freedom.

In short, the pattern of popular opinion in Hungary today is basically the same as it was at the time of the revolution and in the period immediately following. At one end, there is the Red Army and a tiny apparatus of Quisling Hungarians which derives its basic support from the presence of the Red Divisions. At the other end, there is the entire Hungarian people, their resistance broken, but their united desire for freedom undiminished.

APPENDIX A

DECREE LAWS ISSUED BY THE HUNGARIAN COMMUNIST REGIME SINCE DECEMBER,

1956

(Text reproduced from the two studies issued by the International Commission of Jurists in March and June 1957)

Decree having the force of law (hereinafter: "Decree-Law") No. 28 of 1956 of the Presidential Council of the People's Republic

CONCERNING SUMMARY JURISDICTION

The restoration of order is being impeded and the citizens' personal safety and the safety of their property is being endangered by the fact that large quantities of fire-arms are in the possession of counter-revolutionary elements, pro

fessional criminals, irresponsible troublemakers, and other persons not entitled to possess arms. In possession of arms, the enemies of our People's Republic do not shrink from committing even murder, and threaten those honest workers who with their peaceful constructive work wish to serve the interests of our whole nation. Honest workers rightly demand effective measures for the cessation of this intolerable state of affairs.

Accordingly, the Presidential Council of the People's Republic decrees as follows:

Article 1

With effect from 18.00 hours on the 11th day of December 1956 the Presidential Council of the People's Republic decrees summary jurisdiction over the whole territory of the country in respect of the following crimes :

Murder,

Intentional homicide,

Arson,

Robbery (looting),

Intentional damage to public utility enterprises, or to public enterprises serving the population's vital requirements (Official Compilation of Valid Rules of Substantive Criminal Law, ss. 73 and 172), and attempts at any of these crimes,

The unlicensed possession of firearms, ammunition, explosives, or explosive material.

Article 2

(i) Any person who, without licence, has in his possession firearms (ammunition, explosives etc.) is bound to hand them over to any organ of the armed public order forces by 18.00 hours on the 11th day of December 1956.

(ii) Any person who, between the publication of this Decree-Law and the time-limit fixed for the handing over, hands over his arms, etc., cannot be punished for hiding arms.

Article 3

(i) Association for the purpose of committing the crimes set out in Article 1, and organization for such purpose, shall also be subject to summary jurisdiction. (ii) Any person who, having obtained credible information of another person's unlicensed possession of firearms (ammunition, etc.), fails to report this to the authorities as soon as possible commits a crime and shall be subject to summary jurisdiction. This provision shall have no application to the next-of-kin specified in Article 29 of Decree-Law II of 1950. Article 4

(i) The publication of summary jurisdiction shall be undertaken by the Gov. ernment: Publication may also be made through the Press, radio and posters. (ii) Proceedings under summary jurisdiction shall be within the competence of the Military Courts; the Presidential Council of the People's Republic may make provision for the appointment of further councils of summary jurisdiction. (iii) The Presidential Council of the People's Republic authorises the Govern ment to make detailed rules governing summary jurisdiction.

(iv) The mode of possession of arms by armed factory guards and works guards shall be governed by a separate Decree-Law.

Article 5

The present Decree-Law shall come into force on the day of publication."

(Sgd.) ISTVAN DOBI,

President of the Presidential Council of the People's Republic. (Sgd.) ISTVAN KRISTOF,

Secretary to the Presidential Council of the People's Republic.

Decree having the force of Law (hereinafter: "Decree-Law") No. 32 of 1956 of the Presidential Council of the People's Republic

SUPPLEMENTING DECREE-LAW NO. 28 OF 1956

The Presidential Council of the People's Republic supplements Article 3 of Decree-Law No. 28 of 1956 concerning summary jurisdiction by adding the following paragraph (iii).

Article 1

(iii) "Where a court of summary jurisdiction declares an accused guilty of a crime subject to summary jurisdiction procedure, it shall, by its judgment, sentence him to death."

Article 2

This supplement shall come into force at the time of publication."

(Sgd.) ISTVAN DOBI,

President of the Presidential Council of the People's Republic.

(Sgd.) ISTVAN KRISTOF,

Secretary to the Presidential Council of the People's Republic.

Decree No. 6/1956 (XII. 11) of the Hungarian Revolutionary Worker-Peasant Government

CONCERNING THE DETAILED RULES OF SUMMARY JURISDICTION Pursuant to Article 4 (3) of Decree-Law No. 28 of 1956, the Hungarian Revolutionary Worker-Peasant Government decrees as follows:

Article 1

I. PUBLICATION OF SUMMARY JURISDICTION

1. Summary jurisdiction was introduced by Decree-Law of Presidential Council of the People's Republic. The same decree specified the territory in and the crimes to which summary jurisdiction applies.

2. Publication of the introduction of summary jurisdiction shall be the task of the Council of Ministers. Publication may be by poster, press and radio.

3. Notifications publicizing the introduction of summary jurisdiction shall contain:

(a) the description of the crime and the territory in respect of which summary jurisdiction was decreed;

(b) a notice that every person shall refrain from committing such crimes; (c) a warning that any person who, after publication, shall commit such crime on the territory specified, shall be subject to summary jurisdiction and his punishment shall be death.

Article 2

General rules regulating proceedings before Courts of summary jurisdiction shall be applicable only insofar as they do not differ from rules land down in the present Decree.

Article 3

II. PROVISIONS CONCERNING JURISDICTION

1. Summary jurisdiction shall be within the jurisdiction of military courts. The Presidential Council of the People's Republic may, for the purpose of conducting summary proceedings, also make provisions for the appointment of other courts.

2. The court of summary jurisdiction shall consist of one professional judge and two people's assessors (section 8 (1) of Law II of 1954).

Article 4

Any person who shall be suspected of a crime triable by a court of summary jurisdiction shall be detained in preliminary custody and forthwith handed over to the nearest military prosecutor or to the prosecutor who has territorial jurisdiction for a court set up by the Presidential Council of the People's Republic in accordance with Article 3 (1).

III. COMMENCEMENT OF PROCEEDINGS BEFORE A COURT OF SUMMARY JURISDICTION Article 5

1. The accused shall only be brought before a court of summary jurisdiction if either he was caught in the act or the evidence necessary for the proof of his guilt can be submitted to the court forthwith. In that case the prosecutor shall, without an accusation in writing, bring the accused before the nearest military court or the appointed court of summary jurisdiction.

2. Lunatics, persons suffering from serious illness pending their recovery, and pregnant women shall not be brought before the courts of summary jurisdiction. 51 Published in Magyar Közlöny, No. 100, December 11, 1956.

3. If ordinary criminal proceedings have already been commenced against the accused in respect of a crime, summary jurisdiction shall have no application in respect of the same crime.

Article 6

There shall be no transfer of the case from one court of summary jurisdiction to another court of summary jurisdiction.

Article 7

The longest period of proceedings-including judgment—against the accused shall be three periods of 24 hours each which shall be computed from the time when the accused was brought before the court of summary jurisdiction. If this time limit cannot be complied with, the case shall be transferred to an ordinary court having, in accordance with general rules, jurisdiction and competence.

Article 8

IV. HEARING BEFORE A COURT OF SUMMARY JURISDICTION

1. No date shall be fixed for the hearing of the case and no subpoena shall be issued by a court of summary jurisdiction. It shall be the duty of the prosecutor to secure the presence before the court of witnesses and experts and of any evidence that may be required. The charge shall be made by the prosecutor orally at the hearing.

2. The participation of defence lawyer in proceedings before a court of summary jurisdiction shall be compulsory.

Article 9

1. Ordinarily, proceedings shall be confined to the proof of that crime for which the proceedings were commenced. However, at the suggestion of the prosecutor, the proceedings may be extended to deal also with such other crimes as are subject to summary jurisdiction, provided there is no risk of the resulting delay nullifying the summary proceedings. Any crimes committed by the accused not being subject to summary jurisdiction proceedings shall be disregarded.

2. The proceedings may be extended for the purpose of holding responsible other perpetrators of the same crime, but for this reason the giving and execution of judgment against the accused may not be delayed.

Article 10

1. By its judgment the court of summary jurisdiction shall pass the death sentence if the accused shall unanimously be found guilty of an offence which is subject to summary jurisdiction.

2. If the restoration of public peace and the safeguarding of social order do not require the imposition of the death penalty, then the court of summary jurisdiction may impose, in lieu of the death penalty, imprisonment for a period of 10 to 15 years.

3. An accused who was under the age of 20 at the date when he committed the crime, shall be sentenced, not to death, but to imprisonment for a period of 10 to 15 years; and an accused who was under the age of 18 at the date when he committed the crime, shall be sentenced to imprisonment for a period of 5 to 10 years.

4. Beyond the provisions of paragraphs (2) and (3) hereof there shall be no lightening of sentence.

5. If the conditions warranting the acquittal of the accused (Code of Criminal Procedure, s. 180) are present in respect of a crime which is subject to summary jurisdiction, the court of summary jurisdiction shall by judgment acquit the accused of the charge.

Article 11

1. The judgment, with brief reasons therefor, shall forthwith be reduced to writing.

2. Minutes shall be prepared of the hearing before the court of summary jurisdiction and of the closed session preceding judgment. The minutes of the closed session shall include the votes of the members of the council on the guilt of the accused, and the minutes shall be signed, in addition to the president, by all members of the council. These latter minutes shall be attached to the dossier in a

V. IMPLEMENTATION

Article 12

Except for reopening the case, this being the legal redress used in the interest of legality, there shall be no legal redress against decisions of courts of summary jurisdiction.

Article 13

1. If the accused is sentenced to death, the court of summary jurisdiction shall, immediately following the procedure laid down in the Code of Criminal Procedure, s. 240 (2)-(3), decide whether or not it will recommend the convicted person for mercy. A negative decision on the question of recommendation for mercy must be a unanimous decision of the council.

2. If the court of summary jurisdiction recommends the convicted person for mercy, it shall forthwith submit to the Minister of Justice the dossier of the case, together with a petition for mercy, if any, and the opinions of the prosecutor and of the court of summary jurisdiction. In this case, the carrying out of the death sentence shall be held in abeyance pending a decision on the question of

mercy.

3. If the court of summary jurisdiction does not recommend the convicted person for mercy, it shall direct the carrying out of the death sentence. A petition for mercy shall not operate as a stay of execution of sentence; the sentence shall be carried out within two hours from publication.

Article 14

The implementation of a sentence of imprisonment shall be put into effect immediately upon the publication of the judgment by the court of summary jurisdiction.

Article 15

VI. MISCELLANEOUS PROVISIONS

The case shall be transferred to an ordinary court having, in accordance with the general rules, jurisdiction and competence

if the court of summary jurisdiction finds the case not to be subject to summary jurisdiction proceedings, or

if there can be no conviction owing to the absence of a unanimous decision, or

if the accused is seriously suspected of having committed the crime with which he is charged, but proof of his guilt remains unsuccessful within the legal time-limit (Article 7), or

if it emerges in the course of the hearing that the accused should not have been brought before the court of summary jurisdiction (Article 5 (2) and (3)), or finally.

if it should be wholly impossible to pronounce judgment within the legal time-limit.

Article 16

1. It shall be for the Presidential Council of the People's Republic to take measures for the cessation of summary jurisdiction. The cessation of summary jurisdiction shall be published in the same manner as its introduction.

2. Cases pending before courts of summary jurisdiction-including cases where sentence of death was imposed, though not yet carried out-shall, upon the cessation of summary jurisdiction, be transferred to the ordinary courts; these shall proceed as though no proceedings had been commenced before the courts of summary jurisdiction. The cessation of summary jurisdiction shall not affect sentence of imprisonment once it has been imposed.

Article 17

1. The present decree shall come into force on the day of publication." 2. With the coming into force of the present decree, decree No. 8020/1939 M. E., concerning the procedural rules of summary jurisdiction, is repealed. (Sgd.) JANOS KADAR,

President of the Hungarian Revolutionary Worker-Peasant Government.