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