The International Commission of Jurists is a non-governmental organization which has consultative status, category “B”, with the United Nations Economic and Social Council. Published in English, French, German and Spanish INTERNATIONAL COMMISSION OF JURISTS THE HAGUE, NETHERLANDS Additional copies of this publication may be obtained Introduction CONTENTS Letter of September 2, 1957 to UN Delegations I. Legislation on Summary Procedure currently II. Continuing Repression III. Conclusion. 5 11 15 18 18 Appendices (I) Legislation I. Chart of Hungarian Emergency Legislation 1956-1957 20 II. Decree-Law No. 34 of June 15, 1957 on People's 21 III. Decree No. 41 of June 29, 1957 on Giving Effect to Chapter I and IV of Decree-Law No 34/1957 IV. Decree No. 5 of June 29, 1957 on the Execution of Decree-Law No. 34/1957 . 31 32 V. Decree-Law No. 62 of November 3, 1957 on 34 VI. Publications on the Suspension of the Autonomy of the Chamber of Lawyers of Budapest and Miskolc (1956, 1957) VII. Decree-Law 41 of July 14, 1957 Amending (II) Trials VIII. Chronological List of Sentences as Reported by (III) Statements 35 36 37 IX. Article in NEPSZABADSAG, May 19, 1957 . 44 X. Janos Kadar - Speech before Miners at Tatabanya, 45 XI. Gyoergy Marosan - Speech at a Mass Meeting of XII. Laszlo Gyaros, Foreign Ministry Spokesman Press Conference of September 27, 1957, Statement on Internments and Death Sentences XIII. Geza Szenasi, Supreme Public Prosecutor – Article in NEPSZABADSAG of November 10, 1957 entitled 46 47 XIV. Laszlo Szabo Article in NEPSZABADSAG of November 24, 1957 entitled "In the Chamber of Lawyers things are easily forgotten" . . . XV. Ferenc Nezval, Minister of Justice Article in NEPSZABADSAG of December 14, 1957 on a meeting of Lawyers in Moscow XVI. Geza Szenasi, Supreme Public Prosecutor - Report before the Hungarian National Assembly, December 21, 1957 XIX. Report by Janos Kadar, President of the Revolu- to the National Assembly at its Opening Session XX. Articles in NEPSZABADSAG, January 30, 1958. INTRODUCTION This report is the third to be issued by the International Commission of Jurists on the Rule of Law in Hungary. The two previous reports, published in April 1957 and June 1957 respectively, sought to make known the facts concerning the administration of justice in Hungary on the basis of the laws published and accounts of arrests and trials given by the Hungarian authorities themselves. The report here presented covers the period September 1, 1957 to January 31, 1958. The object of the Inernational Commission of Jurists in publishing these reports has been to provide an incontrovertible basis of fact which may be submitted to the judgment of world public opinion and in particular may be assessed in the light of the general principles of law recognized by civilized nations. The reports have been well received in many countries, many of them geographically and politically remote from the European scene, and they have been extensively used in the debates on the Hungarian situation in the United Nations. They have had a considerable impact on the present régime in Hungary itself, and the facts which they have disclosed apparently caused some concern at an international conference of lawyers meeting in Moscow in November 1957.1 Recent visitors to Hungary confirm that the authorities are now anxious to rehabilitate themselves with world opinion and to this end to create the impression that a system more lenient and more strictly in accord with legality is now prevailing in Hungary. The true position would appear to be that an unspecified number of people remain in prison either for taking part in the uprising of November 1956 or for their opposition, actual or potential, to the régime thereafter set up; the authorities are reluctant to bring such persons to public trial for fear of repercussions in and outside Hungary; they are therefore relying to some extent on secret trials, on the linking of political offences, where possible, with alleged discreditable common law offences and on their powers of detention without trials; 1 Prawo i Zycie, No. 26/27, December 22, 1957. Mr. Nezval, the Hungarian Minister of Justice, in an article in "Nepszabadsag", No. 295, of December 14, 1957, describing the Conference tried to take satisfaction from the fact that "at the plenary session" questions concerning the accordance of Hungarian legislation with human rights, the legal status of the present Hungarian regime and the rights of the defence under Hungarian procedure were not raised “any longer”. 5 the legal procedure, however, applicable in such cases as are brought before the courts still fails to provide the minimum safeguards of fair trial. Moreover, it is clear that the Hungarian authorities alternate, at all events as the people of Hungary are concerned, between promises of leniency and threats of savage repression. Thus in a report2 to the Hungarian National Assembly on December 21, 1957 the Supreme Public Prosecutor, Mr. Geza Szenasi, said: "Workers engaged in the Criminal Courts should not heed the siren song of 'let's be friends'. Such voices come from the circle of those who, professing a degree of loyalty and displaying good will, try to strike root again, but who in the autumn of 1956, incited, mostly from behind the scenes, drove to their death or to catastrophe simple people who were confused and trusted them. A luke-warm atmosphere would favour the enemy, because it would allow him a respite and thus open up fresh possibilities for action. We shall not give the enemy this advantage... Let no one tell us that a year has passed since the counter-revolution and that we ought accordingly to be more lenient. No, we will not relent when judging active enemies." Trials To arrive at the real picture of recent developments in Hungary the mere examination of the number of published sentences based, as has always been the practice of the Commission, upon official Hungarian sources only, is an insufficient guide. Nevertheless, during the period of four months under review, a very substantial number of sentences, often of great severity, has been disclosed in Hungarian publications and radio, and these (which number over 200) are fully cited in Appendix VIII. It is worthy of note that it has now been admitted, albeit in a small number of cases, that trials are conducted in secret. People's Chambers3 It is of the greatest significance that the Decree-law of June 15, 1957 on People's Chambers still remains in force. This Decree-law, the text of which is contained in Appendix II, re-enacted and extended summary procedure before ordinary Courts. Bearing this in mind the passing of the Decree-law No. 62, published on November 3, 1957, which purports to abolish summary jurisdiction, is misleading in the 2 See Appendix XVI to this Report. 3 In the English translation from the Hungarian the terms "People's Courts" and "People's Court Benches" have also been used interchangeably with "People's Chambers". |