Based on the decision, the damages and legal costs of the amount of EUR 6,400 payable by the Hungarian State under the verdict will be paid from the aid provided for political parties from the central budget, and Parliament also decided that in any further instances in which the European Court of Human Rights may find Hungary culpable for the prohibition of the use of the symbols of totalitarian regimes, political parties will cover the damages payable in the future.

With its decision, Parliament confirmed the Government’s position, based on which Hungary does not agree with the verdict of the European Court of Human Rights passed in the Fratanolo vs. Hungary case and continues to insist on the prohibition of symbols of totalitarian regimes as the relevant provision of the Criminal Code serves to protect democratic society and human dignity and is necessary and reasonable to uphold this provision also with regard to the country’s historical past.

According to the Hungarian position, the red star is not only the symbol of the international workers’ movement in Hungary but has also become the symbol of a totalitarian system in Hungary’s tragic history following World War II which was characterised by an ideology and practice that served to justify the mass violation of fundamental human rights and the forceful seizure and exercise of power. The displaying or wearing of the five-pointed red star represented and continues to represent, also at present, identification with the communist ideology and the promotion of that ideology. These tragic events in the past affected large sections of the Hungarian population and the symbols of communism, the red star in particular, induce fear and disturbing memories in many members of society.

János Fratanolo sported a five-pointed red star, approximately two centimetres in diameter, on his jacket lapel at a trade union event in Pécs on 1 May 2004. He was interviewed by local television, and consequently, the red star was in full display for viewers to see. On account of this, criminal proceedings were brought against János Fratanolo in 2007 and he was reprimanded. He, however, took his case to the Strasbourg court which found the Hungarian court’s negative judgment unlawful.

The Court of Human Rights established in its verdict that Hungary violated János Fratanolo’s right to the freedom of expression in breach of Article 10 of the human rights convention, and obliged the Hungarian State to pay EUR 4,000 in damages and EUR 2,400 in legal costs.

The Hungarian State submitted an appeal against the verdict on 1 February 2012 and stated its case by pointing out that as the wearing or displaying of the five-pointed red star is punishable in Hungary (this forms part of the Criminal Code and was also confirmed by the Constitutional Court), Parliament must adopt a decision on the implementation of the verdict.

According to the Hungarian legal rule, the wearing or displaying of the five-pointed red star represents identification with and the promotion of the totalitarian ideologies that characterise communist dictatorship. The relevant decision of the Constitutional Court lays down that it represents the protection of democratic society, and is therefore not unconstitutional, if the State prohibits certain specific practices related to the use of the symbols of totalitarian regimes.

The Hungarian rule does not stand alone in Europe; the use of the symbols of dictatorship is punishable, inter alia, in Austria, France, Germany and Romania. The court’s verdict that became final and non-appealable in March obliged the Hungarian State to pay the said damages by 8 June.

Source: kormany.hu