Outrageous police reaction to crimes against the Hungarian Roma

Today’s topic is the Hungarian police’s decision not to investigate the attack on a Roma family in Devecser, one of the villages that earlier fell victim to the red sludge that covered acres and acres of land around a factory producing aluminum. I didn’t deal with this specific incident except as one in a series of anti-Roma attacks by far-right groups during the summer of 2012. However, here is a description of what happened on August 5, 2012 from The Economist. “You are going to die here,” shouted members of a 1,000-strong march as they stopped at houses they thought were a home to Roma, hurling their water bottles and stones to emphasize their point.” The Economist also mentioned that “not a peep of condemnation [came] from Fidesz.”

Ever since that time the Hungarian police have been investigating, taking their sweet time trying to ascertain whether a crime of incitement against the Roma minority occurred in Devecser. One would think that it shouldn’t take a year to come to the conclusion that inciting a crowd to kill people is a crime. But it seems that in Hungary it takes the police a year to decide the opposite. The police in Veszprém county announced a week ago that they found that no crime had been committed and they therefore stopped the investigation. According to the Hungarian Helsinki Committee and TASZ, the Hungarian equivalent of the American Civil Liberties Union, it was a clear case of incitement and there was a good chance that the court would hand down a verdict against the neo-Nazi groups present in Devecser. But the Hungarian police prevented that from happening.

Before the attack on houses of Gypsies several extremist leaders gave speeches in which they called on their audience to kill the Roma. How else can one interpret such a sentence as “we must stamp out the phenomenon; we must exterminate it from our Lebensraum.” According to the Criminal Code, this kind of incitement against an ethnic group is a serious crime that may result in three years of jail time. Moreover, as a result of these speeches the crowd actually went on a rampage. The Gypsies under siege feared for their lives.

Marching toward to the Romas’ houses in Devecser, August 5, 2012

How can the police explain dropping the investigation for lack of evidence? According to them, the person “who incites doesn’t address the intellect but appeals to primitive instincts which may result in possible action.” In their opinion, the utterances in this case “did not contain intemperate, antagonistic statements that may induce maleficent action.” What could be heard from the leaders of these extremist groups, according to the police, may be offensive to the Roma population and morally reprehensible, but these extremists cannot be punished by the instruments of the criminal justice system.

Organizations involved with human rights cases decided to appeal the case. One group, called Tett és Védelem Alapítvány (Action and Defense Foundation), will appeal to the Constitutional Court. The president of the Foundation told members of the media that in the last nine months he himself reported 28 cases involving incitement against minority groups but they were all ignored by the police. A day later, however, we learned that there will be an investigation into the case of a member of the far-right crowd in Devecser who, most likely unintentionally, hurled a rock at a Jobbik member of parliament, who as a result suffered a slight head injury.

Meanwhile another case emerged that sheds light on the thinking of the Hungarian police when it comes to hate speech and incitement against minorities. One of the speakers in Devecser was Zsolt Tyirityán, leader of the Army of Outlaws. On October 23, 2012, he delivered another speech in Budapest; this time the targets were the Jews. He vented his hatred of certain Jews who “should be put into freight cars and taken a good distance away and put to work.” The Tett és Védelem Foundation again demanded a police investigation of this incitement case, but the Budapest police refused to investigate. The reasons? One was that this speech is still on YouTube because not enough people complained about the speech’s content. Otherwise, YouTube would have removed it. And the second was that one cannot talk about incitement when “the whole audience shares the speaker’s ideology .” In this case we “should rather talk about agreement of the participants.” So, it seems that according to the Hungarian authorities one can speak of incitement only if not all listeners agree with the speaker. 168 Óra, which reported on the bizarre police rationalization for not investigating, gave the following title to the article: “According to the police one can deliver a Nazi speech before Nazis.”

But don’t fear, the Hungarian police are quite ready to act when it comes to members of national minorities. An organization called Roma Közösségi Hálózat and several other Roma groups staged a small demonstration in front of the Ministry of Interior after the police refused to investigate the Devecser case. The man who organized the demonstration was Jenő Setét, a Roma activist. There were only about 30 people present, who kept repeating the slogan: “The police shouldn’t assist the Nazis.” The final result was a misdemeanor charge against Setét.

It is my impression that Hungarian policemen, who were somewhat constrained during the socialist-liberal administrations, now feel empowered to act aggressively, sometimes illegally, against ordinary citizens and minorities, especially Gypsies. I have been collecting evidence to prove my point and in the near future will give some examples of what I mean.

Register as Roma, vote by default for Fidesz

It can easily happen that, amid the frenzy of Fidesz legislative action over the last three and a half years, even the more observant among us misses a troubling piece of legislative action. Here is one that I at least missed. It was included in the new electoral law of 2011, officially called the Law on the Election of Members of Parliament. For the most part Law CCIII provides a description of the newly created electoral districts, and it was on these gerrymandering efforts of the framers of the bill that I initially concentrated. Yesterday a friend called my attention to an interview with Aladár Horváth, a Roma political activist, on ATV’s program ATV Start.

At the time of her telephone call I still hadn’t had a chance to see the program, but I was told that Aladár Horváth is urging his fellow Roma not to register as such because so identifying themselves will deprive them of their right to vote for party lists. The Electoral Law on the Election of Members of Parliament, ¶7§(2), reads as follows: “A citizen who belongs to a minority can vote a) for a candidate of his electoral district and b) for the list of his own nationality.” In brief, as opposed to a non-minority citizen who can vote for both a candidate and a party list, a citizen who registers as a member of a minority can vote for a local candidate and the minority list.

This is the first time that minorities in Hungary can, at least theoretically, have representation in the Hungarian Parliament. The lack of such a possibility was a major embarrassment for earlier Hungarian governments that often stood up for the rights of Hungarian minorities in the neighboring countries where in fact Hungarian parties do have parliamentary representation. Of course, it is also true that ethnic minorities in Hungary, with the exception of the Roma and perhaps the Germans, are too small to reach the threshold necessary to be represented in parliament.

The Venice Commission’s draft opinion on The Act on the Elections of Member of Parliament of Hungary welcomed this particular aspect of Law XXIII. “For the first time, special provisions aimed at favouring the participation of national minorities in parliament in the electoral legislation. . . therefore the Venice Commission welcomes the introduction of such provisions.” However, the Venice Commission seemed to have some concerns regarding the new situation faced by the minority voters. It recommended that “as voters have the right to choose between registering to vote for normal party lists or national minority lists, the law should allow such registration in a reasonably short time frame before election day. This would ensure that all voters have sufficient information to make an informed choice. However, it would be preferable to give to the voters from national minorities the possibility of choice on election day between nationality lists and party lists.”

I guess I don’t have to tell you that no such opportunity will be given to minority voters either at the time of registration or on election day. Moreover, it is very unlikely that the Roma population, undereducated and living in backward villages, will realize the pros and cons of opting for the party list versus the minority list. After all, even Viktor Szigetváry, Együtt 2014’s electoral expert, when he wrote about the new electoral system didn’t pay much attention to this particular provision of the new law. He did admit that voting for the minority list “in small measure will strengthen the majoritarian character of the whole system” but he obviously didn’t consider it a potentially serious problem.

I checked the number of people who registered in 2010 to be able to vote for minority lists in local elections. Their number is over 200,000. Under the 2011 law they will now be deprived of their right to vote for a party. Or to be more precise, by voting for the minority list they will de facto be voting for Fidesz.

The leading members of Lungo Drom,  the  representative body of Hungarian Gypsies, including the head of the organization, Flórian Farkas, are Fidesz puppets. So any Gypsy who votes for the current ethnic leadership will only help Flórián Farkas be reelected to parliament. It would be one more vote for Fidesz.

Flórián Farkas at the COÖ meeting in January 2011 / Népszabadág / Simon Móricz

Farkas is an old ally of Viktor Orbán who has worked closely with Fidesz ever since 2001 when he was already the president of Lungo Drom. He signed an agreement with Fidesz-MDF at that time in which he pledged Lungo Drom’s support of these parties. After the split of MDF and Fidesz, Farkas stood by Fidesz and renewed the electoral agreement between the Roma organization and Fidesz. He has been a member of the party’s parliamentary caucus ever since 2002. He is known as someone who does nothing whatsoever for the Roma community even though he is also head of the Országos Cigány Önkormányzat (OCÖ or Nationwide Gypsy Self-government).

So, this is the situation to which Aladár Horváth called attention. The problem is that his message is pretty much lost in a sea of total indifference. For example, he gave a press conference which not even the reporters of the liberal-socialist press bothered to attend. Although he himself is making an effort to get to the Roma communities, it is unlikely that he and his friends will be able to enlighten the Roma minority about their choices and the consequences of their decision.

We can be sure of one thing. Fidesz doesn’t do anything that doesn’t serve its own interests. Just as they don’t really care about the Hungarian minority in the neighboring countries so they don’t care about ethnic minorities inside of Hungary. Their primary concern is to get extra votes from the mostly Fidesz sympathizers in Romania and Serbia and to ensure that by default the Roma end up supporting them. The rest is just talk.