VZCZCXRO4063
RR RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV RUEHSL RUEHSR
DE RUEHUP #0500/01 1911113
ZNR UUUUU ZZH
R 101113Z JUL 09
FM AMEMBASSY BUDAPEST
TO RUEHC/SECSTATE WASHDC 4309
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE

UNCLAS SECTION 01 OF 02 BUDAPEST 000500 
 
SIPDIS 
 
DEPARTMENT FOR EUR/CE JAMIE LAMORE 
 
E.O. 12958: N/A 
TAGS: PGOV PINR PHUM PREL SOCI HU
SUBJECT: MAGYAR GARDA BANNED - BUT NOT YET GONE 
 
REF: A. BUDAPEST 86 AND PREVIOUS 
     ¶B. 2008 BUDAPEST 1209 AND PREVIOUS 
 
¶1.  Summary.  On July 2, the Budapest Court of Appeals issued 
a legally binding ruling banning the extreme right-wing, 
paramilitary Magyar Garda (MG).  Jobbik President and Magyar 
Garda founder, Gabor Vona, said he will appeal the verdict. 
Responding to the ruling, MG members held an unauthorized 
demonstration in Budapest on July 4, which the police broke 
up using tear gas.  Civil rights groups expressed concern 
over the police action, rekindling the debate in Hungary on 
what constitutes the right of freedom of assembly.  The 
extreme-right Jobbik party announced plans for another pro-MG 
demonstration on July 11 near the U.S. Embassy.  End summary. 
 
----------------------------------- 
Court Ruling Dissolves Magyar Garda 
----------------------------------- 
 
¶2.  The Budapest Court of Appeals upheld the Budapest 
Metropolitan Court's December 2008 verdict (ref B) in the 
Magyar Garda case.  The ruling, which dissolves the uniformed 
paramilitary group, stated that MG curtails the freedom and 
the rights of others and "triggers a risk of violence" during 
its rallies.  (Note.  The appellate verdict expanded the 
Metropolitan Court's ruling to include both the Magyar Garda 
Association and the Magyar Garda Movement.  End Note.) 
 
¶3.  Based on the court's ruling, authorities cannot authorize 
future MG gatherings, and any organizers of a rally or 
demonstration by such a "banned social organization" face 
criminal prosecution, with possible imprisonment of up to one 
year.  Commenting on the court's ruling, the National Police 
Chief (NPC) stated that the police will take immediate action 
against individuals wearing MG uniforms in public places, 
noting that such action will fall under the criminal category 
of "rowdyism." 
 
¶4.  MG founder and Jobbik President Gabor Vona (ref A) 
immediately declared that MG will continue its activities, to 
include planned recruiting around the country, in spite of 
the court's ruling.  He also stated that he will appeal the 
verdict to the Hungarian Supreme Court and, if necessary, to 
the Court of Human Rights in Strasbourg (CHR). 
 
-------------------------------------- 
Demonstrators Protest ) Police Respond 
-------------------------------------- 
 
¶5.  Protesting the court's ruling and the recent detention of 
a well-known far-right figure, Gyorgy Budahazy, Magyar Garda 
members and sympathizers held an unauthorized demonstration 
in downtown Budapest July 4.  Police in full riot gear 
initially called upon the several hundred demonstrators ) 
most of whom wore MG uniforms ) to leave the area, but then 
started using tear gas when the crowd refused to disperse. 
Some demonstrators began pelting policemen with bottles and, 
in the resulting confrontation, the police arrested 216 
demonstrators, including Vona.  The police launched legal 
proceedings against four people for "violence against 
official personage," and charged 205 other demonstrators with 
"rowdyism" or  "disobeying a lawful police action." 
 
------------------------ 
Civil Rights Violations? 
------------------------ 
 
¶6.  However, the Independent Police Complaints Body, the 
Chairman of the Parliament's Human Rights Committee, and 
civil rights groups raised concerns over the police decision 
to break up the demonstration, citing three specific issues. 
First, in accordance with a ruling of the CHR, spontaneous, 
but peaceful demonstrations cannot be dispersed; second, the 
Appellate court's verdict was not yet legally binding as the 
ruling had not been delivered in writing to the defendant; 
and third, no law explicitly prohibits wearing the MG uniform 
in public places.  The Civil Rights Ombudsman has launched an 
official investigation over the police action, and MG 
spokesman Janos Volner also initiated impeachment proceedings 
against the NPC for "abusing power." 
 
¶7.  Comment.  Rather than resolving the two-year long 
question concerning Magyar Garda's legal status, the 
Appellate court's ruling and subsequent police action raises 
the ante as the government attempts to balance the 
constitutional rights to free assembly and free speech while 
countering anti-Roma and anti-Semitic public activities.  The 
police will be in a difficult position on several fronts. 
Carrying out the National Police Chief's directive when 
confronting a citizen wearing Magyar Garda regalia will not 
only be difficult to enforce, but highly confrontational. 
 
BUDAPEST 00000500  002 OF 002 
 
 
Additionally, the police handling of the authorized Jobbik 
demonstration planned for July 11 will be a further test of 
the government's willingness to address right-wing extremism. 
 Recent public opinion polls indicate increased support for 
Magyar Garda, a positive bounce as follow-on to the 
surprising success of Jobbik in the June European 
Parliamentary elections.  Polls also indicate an almost even 
split between those who believe the police response was 
appropriate and those, mostly the younger generation, who do 
not.  End comment. 
Hurley