A/HRC/44/42/Add.1
asylum seekers, a number of interim measures were granted by the European Court of
Human Rights under rule 39 of the rules of the Court, to urge the Government of Hungary
to ensure that asylum seekers in the transit zones were not deprived of food. Based on the
information received, in response to the interim measures granted by the Court, the
Government has reinstated the provision of food to rejected asylum seekers in the transit
zones on a case-by-case basis.
49.
The Special Rapporteur is further concerned by accounts that certain personnel used
the non-provision of food for rejected asylum seekers to dissuade those whose asylum
applications were still ongoing from pursuing judicial reviews against negative decisions on
their claims and pressure them to return “voluntarily” to Serbia. Rejected asylum seekers
were told they would not be given food in the transit zone but could freely decide to return
to Serbia, where they could buy food at their own expense at any time.
F.
Extension of the “crisis situation”
50.
During the visit, the Special Rapporteur raised concerns about the seemingly
automatic extension of the “crisis situation due to mass immigration” in the past years. In
view of the then upcoming expiration of the crisis situation in September 2019, at the end
of his visit, the Special Rapporteur strongly recommended that Hungary re-evaluate its
assessment in relation to migration.
51.
After the visit, on 6 September 2019 Hungary extended the crisis situation for
another six months, effective until 7 March 2020. In March, the Hungarian Government
further extended the crisis situation until 7 September 2020. The reason given was the
coronavirus disease (COVID-19) pandemic and the security risk emanating from Turkey,
namely the situation at the border between Turkey and Greece. In response to the inquiries
made by the Special Rapporteur after his visit about the procedures and legal basis of the
extension, the relevant Hungarian authorities reported that the Government had delivered
the decision and the proposal had been prepared by the Ministry of the Interior based on a
report from the Alien Policing Authority and the chief of the headquarters of the national
police. According to the information provided by the Government, the decision was
adopted mainly based on an assessment of the security risks, which in turn was based on an
analysis of data and information at the disposal of the Government. According to the
Government, the main aim of the measures introduced was to guarantee the security of
Hungarian citizens.
52.
Apart from articles 80/A (1) (a) and (b) of the Asylum Act, the crisis situation may
be extended for other vaguely defined migration-related situations, as provided for in
paragraph (1) (c) of article 80/A of the Act.
53.
The Special Rapporteur was also informed that the Government had a duty to report
to the parliament on the prolongation of the validity of a government decree. Currently,
government decree No. 32/2020. (III.5) is in force, which modifies previous government
decree No. 41/2016. (III.9) on ordering a crisis situation due to mass migration covering the
whole territory of Hungary and on the rules regarding the ordering, termination and
existence of the crisis situation.
V. Restrictions on civil society working on the rights of migrants
54.
During his visit, the Special Rapporteur met with representatives of civil society
organizations working on the protection and promotion of the human rights of migrants
from various aspects. He is grateful for their time and impressed by their professionalism
and commitment to assisting the relevant United Nations human rights mechanisms to
enhance the protection of the rights of migrants. Civil society provides an important
contribution to the governance of migration from a human rights perspective at a time when
global cooperation and solidarity are required to ensure respect for the rights of migrants.
Democracy and the rule of law can only thrive with an independent, dynamic and strong
civil society.
55.
Regrettably, the Special Rapporteur observed that civil society organizations
working on the rights of migrants in Hungary experienced multiple obstacles in carrying
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