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 12

Select target paragraph3