A/HRC/45/36
Workers and Justice System Actors, and a risk assessment was initiated for Ms. Castro and
ACI-PARTICIPA; on 21 October 2019, it concluded that Ms. Castro was at serious risk.
67.
According to information received by OHCHR, incidents of surveillance,
harassment and threats have continued during the reporting period. On 19 July 2019,
OHCHR participated in a meeting with Ms. Castro and the Director of the Office of the
Special Prosecutor for the Protection of Human Rights Defenders, Journalists, Media
Workers and Justice System Actors to support her request for emergency protection
measures. On 1 August 2019, Ms. Castro filed a complaint to the Office of the Prosecutor
for incidents of police surveillance and harassment, to which there has been no response.
The situation has obstructed Ms. Castro’s human rights work and is severely affecting the
well-being of her close relatives and co-workers.
12.
Hungary
68.
The case of the Hungarian Helsinki Committee, a civil society organization
working on migration and asylum-related issues, was included in the 2018 report of the
Secretary-General in connection to its engagement with the Human Rights Committee in
2018 (A/HRC/39/41, Annex I, paras. 53–55, 58–59). In July 2019, the Special Rapporteur
on the human rights of migrants visited Hungary and regretted that, in the past years, civil
society organizations working on migrants’ rights have experienced multiple obstacles in
carrying out their work, such as those resulting from legislative amendments, financial
restrictions and other operational and practical measures taken by the Government 48 (see
also A/HRC/42/30, para. 57 and Annex I, paras. 47–52) and that, as a result, some civil
society organizations have been deterred from cooperating with UN entities assisting
migrants and refugees (A/HRC/44/42/Add.1, para. 55).
69.
The Special Rapporteur referred specifically to a November 2019 ruling of the
Supreme Court of Hungary on a 2017 national consultation questionnaire, which contained
false allegations about the Hungarian Helsinki Committee pertaining to its work and
advocacy on migrants’ rights (para. 55). It is reported to OHCHR that this kind of targeting
of the organization is related to its ongoing advocacy with the UN and other international
bodies. The Supreme Court established that the Government had damaged the reputation of
the Hungarian Helsinki Committee and ordered the Office of the Prime Minister to pay 2
million Hungarian Forints (about USD 6,500) in damages to the NGO. The Court also ruled
that the Government should publish an apology to the Committee, both through the
National Press Service and on the home page of the official Government website, visible
for 30 days.
70.
On 24 July 2020, the Government responded to the note verbale sent in connection
to the present report stating that it complies with all of its obligations under international
law, including by proving access to transit zones for civil society organizations providing
humanitarian assistance in agreement with the Government. It provided details on
organizations that have been granted access to the facilities, and stressed that the National
Directorate-General for Aliens Policing continues to be open to cooperation with civil
society organizations and other entities.
71.
In regards to the Hungarian Helsinki Committee, the Government provided details
of the decision of the Constitutional Court concerning the constitutionality of the provisions
of the Criminal Code, relating to the conformity with the Fundamental Law and annulling
Section 353/A of the Act C of 2012 on the Criminal Code (facilitation and support of illegal
immigration). The response of the Government does not reflect on allegations of
intimidation and reprisals concerning civil society organizations assisting migrants and
refugees that may have been deterred from cooperating with the UN entities or been subject
to smear campaigns, administrative or criminal investigations and reputational damage.
48
64
End of visit statement of the UN Special Rapporteur on the human rights of migrants, Budapest, 17
July 2019, at
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24830&LangID=E.