Recent political attacks by the government against independent agencies

Dátum: 2003-11-20 13:03:00, eredeti URL: http://archiv.fidesz.hu/index.php?Cikk=17518
KCMDB-be feltöltve: 2024-05-04 19:10:14.278846, Feltöltő: fidesz_hu_scraper_v2

Summary:

There are increasing signs that the socialist-led Hungarian government has decided upon a change in paradigm as regards its relationship with the independent institutions not under its direct control. Earlier this year marked campaigns against the president of the Hungarian National Bank, and the leadership of the Hungarian Public Radio. However, the government now seems determined to remove the president of the Hungarian Financial Supervisory Authority and launching a discrediting offensive against the Prosecutor General. Attacks by coalition politicians have also reached, recently, the courts. These developments, seriously compromising the rule of law and the independence of the judiciary in Hungary, have reached an extent which compelled the Chief Judge of the Supreme Court and the President of the Republic to issue statements calling upon politicians to respect the separation of powers.

Background:

Offensive against the president of the Hungarian Financial Supervisory Authority (PSZÁF):

A routine investigation into an unlawful acquisition attempt in a chemical firm uncovered a long history and a complex array of financial crimes at Hungarian commercial banks, which has come to involve public money after the Medgyessy-government took office last year. Evidence indicate the implication of MSZP-related business circles and key members of the current government. This assumption is further reinforced by the obvious determination of the cabinet to remove the head of the independent financial authority investigating the affair, Mr Károly Szász, who was brutally beaten up by unknown perpetrators the day before his report on the financial scandal was published.

Late July, PSZÁF began on-the-spot investigations at the bank where Prime Minister Medgyessy was CEO from 1999 to 2001, on suspicion of money-laundering, which resulted in police investigation in August. Statements made by leading socialist politicians since then showed a clear determination by the government to get rid of the leader of the independent authority. In an August interview, Mr Medgyessy said:

"People have run out of patience regarding those state institutions and civil servants who have not proven so far that they are not driven by political intentions...We may have to get rid of a few persons...Responsibility for the K&H-affair may be found...also with the financial supervision authority."

A few days later, the prime minister said:

"If a new person is to accede to the presidency of the National Financial Supervision Authority, that will certainly be a person beyond any suspicion..."

Lower ranking socialist politicians were more outright and much less diplomatic. Mr László Keller, state secretary in the Prime Mininster's Office, was quoted as saying in a daily late August:

"The president of PSZÁF is trying to give the impression with the help, if not with the political protection, of Fidesz as if the government had anything to do with the bank scandal...Mr Szász's responsibility has to be examined."

In a newsshow late August, Socialist MP Zsolt Török said the following:

"[Mr Szász] is trying to play a martyr here, trying to sell himself as a victim of political persecution...I know the laws very well, but I am also regretful that such laws are in force in Hungary. The adequate treatment for Mr Szász and for others of his kind would be property confiscation, and from that point on, we may negotiate on how long he will be sitting in prison."

Late October, the cabinet launched its final offensive to get rid of the uncomfortable PSZÁF-president by submitting an amendment to Parliament on the "restructuring" of the Authority's leadership. Currently, the president of the financial authority is elected by Parliament for a mandate of six years, enjoys full operational independence and may only be recalled by Parliament upon documented evidence of failing to carry out his duties. (Mr Szász was elected in May 2000). If the government's amendment is passed this time, a board of supervision will be placed on top of the authority, elected by Parliament. However, all operational functions will be concentrated in the hands of a director who is to be appointed by the prime minister himself. In other words, the government is tailoring the structure of an independent agency to its own political goals, in order to cover up uncomfortable investigations into dubious dealings.

Offensive against the Prosecutor General:

The socialist government is also pursuing politically motivated verbal and legal attacks against the Prosecutor General. Mr Péter Polt is targeted on the grounds that the prosecution is trying to cover-up alleged corruption by the previous government, as well as because of the involvement of the prosecution's office in the investigation of the above mentioned "bankergate scandal", potentially implicating high government circles.

After taking office, the Medgyessy-government set up a state secretariat within the Prime Minister's Office, "responsible for public funds", headed by Mr László Keller. He initiated police investigations into alleged corruption cases of the previous government. Twenty investigations have been either rejected or suspended so far by the police or the prosecution, and only one case reached the phase of indictment. (Investigations are still going in another twenty-one cases.)

As the politically initiated investigations did not yield the "desired" results, attacks against the Prosecutor General intensified. The political nature of these attacks is further reinforced by the fact that in the overwhelming majority of the suspended cases, it was not the prosecution but the police, under the direction of the Minister of the Interior, which halted the investigations. However, government politicians never criticised the police, but rather, the Prosecutor General. Last June, an anonymous report was leaked to the press, which attempted to prove a political bias in the prosecution's decisions regarding individual cases and portray Mr Polt's activity as a political one. In August, Mr Keller was quoted in an interview as saying:

"I can...feel a degree of healthy impatience coming from the society in order to find those responsible [for the previous government's dealings]. At the same time, we must ask for the understanding of the society for not being able to settle these issues by bolshevik means but within the given legal framework."

In September, party president László Kovács said:

"It is to be expected that the prosecution participate in delivering juctice concerning the dissipation of hundreds of millions not by the suspension of the investigations but by indictment. At present, the prosecution, instead of prosecuting crime, is taking stand in certain cases in a way appearing to be siding with crime."

Currently, Mr Polt is interpellated by coalition politicians every week in Parliament, and his answers are all the times rejected by the majority. The most recent occasion came as the Budapest Prosecutor's Office, perfectly in accordance with legal regulations, interrogated the former K&H general manager, one of the principal suspects of the bankergate crime currently in police custody. Socialist politicians condemned the prosecution's move as a step "ruining public confidence in the judiciary" and being "very unfriendly" toward the police (ie. the Minister of Interior).

Political pressure on the courts

Government pressure on the judiciary did not confine itself to the above mentioned offensives against the Prosecutor General. Recently, coalition politicians repeatedly criticised court decisions and talked publicly about expectations in concrete cases, which could well be interpreted as aiming at the intimidation of judges and influencing their judgements. Two weeks ago, SZDSZ president Gábor Kuncze openly questioned in Parliament a court decision annuling a local election result in Northeast Hungary, following the court found evidence of multiple election fraud. Last week, socialist party president and foreign minister László Kovács issued a statement about "being appalled" concerning another concrete court decision. Simultaneously, intellectuals close to the government parties issued a statement strongly protesting about the same court decision. Also, a well-known leftist intellectual and former liberal MP called one of the judgments "anticonstitutional, deserving no respect at all" and, at the same time, commented that "the vast majority of the judges are male chauvinistic, antisemitic, anti-gypsy homo- and xenophobs".

The Chief Judge of the Supreme Court, Mr Zoltán Lomnici, reacted by issuing a call in defence of the rule of law, addressed to the President, the Government and the National Assembly, asking them to condemn the infringments upon the judges' constitutional rights. He emphasised: intimidating judges and influencing judgements politically is unacceptable in a country where the rule of law prevails. The prime minister answered in vague terms. Unlike his confidante and senior advisor, in charge of Mr Medgyessy's personnel selection office, who published an offensive article reacting to the Chief Judge's remarks. Mr Veér called Mr Lomnici's position one of the court decisions in question "an irredeemable mistake", "hoping that he would think twice before making such statements...in the future". The President of the Republic answered to the Chief Judge by saying that "public comments by politicians upon concrete court procedures may endanger the independence of the courts and the democratic functioning of the state".

Budapest, 16 November 2003