Hungary is observing, and will continue to observe all international norms, Minister of Justice László Trócsányi stated after he had talks with Thorbjorn Jagland, Secretary General of the Council of Europe, in Strasbourg.
The Minister disclosed to the Norwegian Secretary General of the Council of Europe the contents of the laws which entered into force on 15 September in connection with the migration crisis, and provided information regarding their practical application after Mr Jagland contacted Prime Minister Viktor Orbán by letter in order for the Council of Europe to examine the laws in question. The Minister reassured the Secretary General that, similar to instances in the past, Hungary is prepared to consult with the international institutions also on this occasion. Mr Trócsányi pointed out that a quarter of a million people have crossed Hungary this year, and 170,000 of them have submitted asylum claims.
The Minister took the view that several considerations should be borne in mind. As he said, compliance with the Schengen regulations is of the utmost importance for Hungary, and this is something that European governments expect of Hungary. Additionally, Hungary must also fully observe the provisions of the Dublin Regulations which are concerned with asylum procedures in the EU, and must additionally comply with the regulations relating to human rights and asylum.
The Justice Minister told the press that he had consulted with Mr Jagland regarding the contents of the laws, and he had explained how the laws are applied in every-day practice. He further informed the Secretary General of the experiences of the border closure and transit zones to date, the situation at the Croatian border, the operation of transit zones, and the sanctions which may be imposed under criminal law. The Minister also rendered an account of the legal assistance and health care provided for asylum-seekers, and of the interpreting and translation services on offer.
The politician pointed out that there is a crisis situation which must be resolved in a European manner. He specifically highlighted the role of international and civil-society organisations. “I am convinced that a solution to everyone’s satisfaction can only be found through European solidarity”, Mr Trócsányi underlined. In answer to a journalist’s question, the Minister of Justice took the view that the balance of the fence erected at the Hungarian-Serbian border is positive, and the border closure is effective because we have succeeded in resolving the problem at the Hungarian-Serbian border. At the same time, relations with Belgrade are excellent because “the Serbs understand the difficulties of Hungary”. “No one likes the fence. This is only natural. But we had to maintain law and order somehow”, the Minister stressed, highlighting that there are certain rules which everyone must observe. Regarding the role of the army, Mr Trócsányi remarked that a misunderstanding had evolved in this respect; the mission of guarding the borders is clearly the task of the police, and members of the defence forces only assist the work of the police.
Thorbjorn Jagland, Secretary General of the Council of Europe said that the incidents which occurred at the Hungarian-Serbian border gave rise to concern at the Council of Europe, and this is why they contacted the Prime Minister. The Norwegian politician stated that the organisation has three main concerns. The first one is related to what is exactly happening in the transit zones, where the European Convention on Human Rights is equally valid and applicable, and how. “The Convention covers every square-centimetre of the territory of Europe and provides protection for everyone staying there”, the Secretary General remarked.
Mr Jagland secondarily raised concerns regarding the measures adopted vis-à-vis illegal border crossers. He said: every State has the right to protect its borders and no one has the right to cross them illegally, but the human rights convention provides certain rights even for illegal border crossers, such as the right to a fair procedure. Mr Jagland said that he had been informed of shipping container justice and accelerated procedures.
Finally, the Norwegian politician voiced his concern in connection with the enforcement measures which the police and the military may resort to and have resorted to. As he pointed out, the European Court of Human Rights has extensive case-law regarding these. In answer to a journalist’s question as to whether he was satisfied with what he heard from the Minister, Mr Jagland said that this is a complicated issue because the Hungarian laws introduced in mid-September must be subjected to a more thorough scrutiny as at this point in time they only have the information which is available in the media.