Demonstrations will not be broken up just because they have not been announced to police ahead of time, the Justice and Law Enforcement Ministry stated in a position paper on Friday.
It said that if a rally meets requirements specified by law namely that it is peaceful and does not constitute a crime or call for committing a crime, does not curtail the rights or freedom of others, does not endanger the smooth operation of popular representative bodies or courts, and if traffic can be guaranteed on other routes then spontaneous rallies – known as “flashmobs” – may not be broken up under the constitution.
The ministry also said that police may carry out stepped up checks and controls, seal areas, restrict traffic and use troops to secure rallies.
Civil rights ombudsman Máté Szabó said the ministry’s position paper has not clarified the situation unambiguously, as it remains unclear why police dispersed a crowd and detained several people on Clark Ádám tér after a demonstration on Hollán Ernő utca three weeks ago. He has launched an inquiry.
The European Court of Human Rights ruled nearly a year ago that the freedom of assembly is violated if a demonstration that is an immediate response to a political event is broken up by authorities.
Participants in a Budapest demonstration in December 2002 went to the Court after police detained several protestors because the demonstration had not been announced previously to the authorities.
