MAGYAR GARDA BANNED - BUT NOT YET GONE

UNCLAS SECTION 01 OF 02 BUDAPEST 000500 SIPDIS DEPARTMENT FOR EUR/CE JAMIE LAMORE E.O. 12958: N/A TAGS: PGOV PINR PHUM PREL SOCI HU SUBJECT: MAGYAR GARDA BANNED - BUT NOT YET GONE REF: A. BUDAPEST 86 AND PREVIOUS ¶B. 2008 BUDAPEST 1209 AND PREVIOUS ¶1. Summary. On July 2, the Budapest Court of Appeals issued a legally binding ruling banning the extreme right-wing, paramilitary Magyar Garda (MG). Jobbik President and Magyar Garda founder, Gabor Vona, said he will appeal the verdict. Responding to the ruling, MG members held an unauthorized demonstration in Budapest on July 4, which the police broke up using tear gas. Civil rights groups expressed concern over the police action, rekindling the debate in Hungary on what constitutes the right of freedom of assembly. The extreme-right Jobbik party announced plans for another pro-MG demonstration on July 11 near the U.S. Embassy. End summary. -------------- Court Ruling Dissolves Magyar Garda -------------- ¶2. The Budapest Court of Appeals upheld the Budapest Metropolitan Court's December 2008 verdict (ref B) in the Magyar Garda case. The ruling, which dissolves the uniformed paramilitary group, stated that MG curtails the freedom and the rights of others and "triggers a risk of violence" during its rallies. (Note. The appellate verdict expanded the Metropolitan Court's ruling to include both the Magyar Garda Association and the Magyar Garda Movement. End Note.) ¶3. Based on the court's ruling, authorities cannot authorize future MG gatherings, and any organizers of a rally or demonstration by such a "banned social organization" face criminal prosecution, with possible imprisonment of up to one year. Commenting on the court's ruling, the National Police Chief (NPC) stated that the police will take immediate action against individuals wearing MG uniforms in public places, noting that such action will fall under the criminal category of "rowdyism." ¶4. MG founder and Jobbik President Gabor Vona (ref A) immediately declared that MG will continue its activities, to include planned recruiting around the country, in spite of the court's ruling. He also stated that he will appeal the verdict to the Hungarian Supreme Court and, if necessary, to the Court of Human Rights in Strasbourg (CHR). -------------- Demonstrators Protest ) Police Respond -------------- ¶5. Protesting the court's ruling and the recent detention of a well-known far-right figure, Gyorgy Budahazy, Magyar Garda 
members and sympathizers held an unauthorized demonstration in downtown Budapest July 4. Police in full riot gear initially called upon the several hundred demonstrators ) most of whom wore MG uniforms ) to leave the area, but then started using tear gas when the crowd refused to disperse. Some demonstrators began pelting policemen with bottles and, in the resulting confrontation, the police arrested 216 demonstrators, including Vona. The police launched legal proceedings against four people for "violence against official personage," and charged 205 other demonstrators with "rowdyism" or "disobeying a lawful police action." -------------- Civil Rights Violations? -------------- ¶6. However, the Independent Police Complaints Body, the Chairman of the Parliament's Human Rights Committee, and civil rights groups raised concerns over the police decision to break up the demonstration, citing three specific issues. First, in accordance with a ruling of the CHR, spontaneous, but peaceful demonstrations cannot be dispersed; second, the Appellate court's verdict was not yet legally binding as the ruling had not been delivered in writing to the defendant; and third, no law explicitly prohibits wearing the MG uniform in public places. The Civil Rights Ombudsman has launched an official investigation over the police action, and MG spokesman Janos Volner also initiated impeachment proceedings against the NPC for "abusing power." ¶7. Comment. Rather than resolving the two-year long question concerning Magyar Garda's legal status, the Appellate court's ruling and subsequent police action raises the ante as the government attempts to balance the constitutional rights to free assembly and free speech while countering anti-Roma and anti-Semitic public activities. The police will be in a difficult position on several fronts. Carrying out the National Police Chief's directive when confronting a citizen wearing Magyar Garda regalia will not only be difficult to enforce, but highly confrontational. BUDAPEST 00000500 002 OF 002 Additionally, the police handling of the authorized Jobbik demonstration planned for July 11 will be a further test of the government's willingness to address right-wing extremism. Recent public opinion polls indicate increased support for Magyar Garda, a positive bounce as follow-on to the surprising success of Jobbik in the June European Parliamentary elections. Polls also indicate an almost even split between those who believe the police response was appropriate and those, mostly the younger generation, who do not. End comment. Hurley