Law Unobserved

Author: Nóra Diószegi
Publication: Date: 19/09/2015

Law Unobserved

Expulsions have started as a result of the law that came into force on Tuesday. Consequently, the official procedure has become much stricter, as well as a lot more comfortable (for the government).

However, this method of the procedure is injurious to international treaties, as well as the Basic Law of Hungary (which the current government drafted in place of the former Constitution – trans.). It is astonishing that the asylum seekers are given the decision of expulsion in Hungarian, and moreover, they cannot appeal against it within 2 days, since they are expelled from the Schengen Zone for a year in accordance with the decision, with immediate effect. (If they could appeal, it would result in a procedure of perhaps one month, during which the asylum seeker would be forced to wait in a closed refugee camp.)

There are currently two possible scenarios: those who climb over, or at least attempt to climb over the fence, commit a crime and are expelled immediately. The number of such cases reached about 200 by Thursday. They can be extradited quickly, and meanwhile, Serbia has agreed to take back only 80 people per day. On the other hand, those who are willing to undertake the asylum seeker procedure upon entering the transit zone, are subject to long interrogations, just to be given a stamp in the end that they arrived from Serbia, which has been proclaimed a secure third country, so they, too, can go back there. They, too, are expelled, likewise for a whole year from the Schengen Zone.

It is worth dwelling on this for a moment. The procedure used to be different. Countries essentially act on the resolutions of the Geneva Convention, but the question of prosecution and what is considered prosecution is a whole different matter, and varies from country to country. Just for the sake of an example: it happened before that an Afghan family was expelled on the basis of the reasoning that the Taliban vowed in an Honour Code that they aspired to minimalise the number of civilian casualties, hence Kabul was considered a safe city by the Hungarian Office of Immigration and Nationality. In other words, the family could go back to where they came from.

However, if someone is given the official statement that s/he is banished from the territory of the Schengen Zone for a whole year, it means that from that moment on, no matter where they enter the Zone, they will be guilty of illegal border-crossing. Nevertheless, as Nóra Köves, human rights expert at the Károly Eötvös Institute, puts it, if they manage to get to Sweden by another route, most likely they will not be expelled immediately based on the same reasons. They will assess the asylum applications based on their own rules and laws and ideas, without violating the Geneva Convention.


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s