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Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee observes from the information provided by the Government in its report that the total number of persons convicted to imprisonment, involving compulsory prison labour, or community work under sections 226 and 227 (defamation and slander), section 334 (blasphemy of a national symbol), section 336 (incitement against a decree of authority), section 337 (scaremongering or uttering, publishing a false statement to violate public order) and section 338 (stating or disseminating any untrue fact to disturb public peace) of the Criminal Code was 212 in 2019 and 192 in 2020.
The Committee notes that the United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, in her report of 2022, urged the Government to decriminalize the offence of defamation set out in section 226 of the Criminal Code, and expressed grave concern at the attacks on media freedom, independence and pluralism in Hungary over the past decade (A/HRC/50/29/Add.1,). The Committee recalls that Article 1(a) of the Convention protects persons who hold or express political views or views ideologically opposed to the established political, social or economic system by prohibiting the imposition on them of sanctions involving compulsory labour, except in cases of use of violence or incitation to violence (2012 General Survey on the fundamental Conventions, paragraphs 302 and 303).
The Committee therefore requests the Government to take the necessary measures to ensure that, both in law and in practice, no penalties involving compulsory labour may be imposed for the peaceful expression of political views or views ideologically opposed to the established political, social or economic system, for example by clearly restricting the scope of sections 226, 227, 334, 336, 337 and 338 to situations connected with the use of violence, or by removing punishments involving compulsory labour. The Committee further requests the Government to continue to provide information on the application in practice ofthe above-mentioned sections of the Criminal Code, specifying the number of prosecutions and convictions made under each provision and the type of penalties imposed.

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Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that, under section 33(1)(d) of Law-Decree No. 11 of 1979, sanctions of imprisonment involve an obligation to perform labour, and that under the Criminal Code of 2012, the court may substitute the term of imprisonment by compulsory community service (sections 33(4) and 47), for offences which carry a maximum sentence of three years of imprisonment. It noted that sanctions of imprisonment ranging from one to three years may be imposed under the following provisions of the Criminal Code: sections 226 and 227 (defamation and slander), section 334 (blasphemy of a national symbol), section 336 (incitement against a decree of authority), section 337 (scaremongering or uttering, publishing a false statement to violate public order) and section 338 (stating or disseminating any untrue fact to disturb public peace). The Committee accordingly requested the Government to take the necessary measures, both in law and in practice, to ensure that no penalties involving compulsory labour or community service may be imposed for the peaceful expression of political views opposed to the established system.
The Government indicates in its report that sentences imposed under the Criminal Code do not sanction the mere expression of opinions but rather conduct representing a danger to the society. The Government further states that, under the above-mentioned provisions, a total of 2,349 persons were convicted by a final decision, between 1 June 2015 and 31 May 2018. The Committee however takes note of the Report of the Special Rapporteur on the situation of human rights defenders on his mission to Hungary, of 19 January 2017, which states that defamation is a charge regularly brought against investigative journalists, defenders and watchdog organizations (A/HRC/34/52/Add.2, paragraph 31). The Committee considers that the sanctions applied in the above cases may fall within the scope of the Convention as they enforce a prohibition of the peaceful expression of views. The Committee therefore once again requests the Government to take all the necessary measures, both in law and in practice, to ensure that no penalties involving compulsory labour or community service are imposed for the peaceful expression of views ideologically opposed to the established political, social or economic system, for example by clearly restricting the scope of sections 226, 227, 334, 336, 337 and 338 to situations connected with the use of violence, or by repealing punishments involving compulsory labour. The Committee requests the Government to provide information on any progress made in this regard, as well as information on the application in practice of the sections referred to above, specifying the number of prosecutions made under each provisions and the type of penalties imposed.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.
Repetition
Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its earlier comments, the Committee requested the Government to provide information on the application in practice of section 268 (incitement to agitation against the law or authorities), section 269 (agitation against communities) and section 270 (disturbance of the public order by openly declaring false facts or by spreading rumours) of the Criminal Code of 1978 which allow for the imposition of penalties of imprisonment involving compulsory labour.
The Committee notes that the Criminal Code of 2012 which entered into force on 1 July 2013 repealed the Criminal Code of 1978. The Committee notes, however, that the Criminal Code of 2012 also imposes sanctions of imprisonment ranging from one to three years (which involve an obligation to perform labour, under section 33(1)(d) of Law-Decree No. 11 of 1979) in circumstances covered by the Convention, namely defamation and slander (sections 226 and 227); open denial of Nazi crimes and Communist crimes (section 333-1); incitement against a community (section 332); blasphemy of a national symbol (section 334); incitement against a decree of authority (section 336); scaremongering or uttering, publishing a false statement to violate public order (section 337); and stating or disseminating any untrue fact to disturb public peace (section 338). The Committee notes the Government’s reference to section 33(4) of the Criminal Code of 2012 according to which the court may, for offences which carry a maximum sentence of three years of imprisonment, substitute the term of imprisonment by other sanctions such as community service work, custodial arrest, fine, driving ban or combination of both. Section 47 of the Criminal Code further states that the person sentenced to community service is obliged to perform the work prescribed. The Committee recalls that sanctions involving compulsory labour, including community service are incompatible with Article 1(a) of the Convention where they enforce a prohibition of the peaceful expression of non-violent views or of opposition to the established political, social or economic system. It draws the Government’s attention to the fact that the above penal provisions are worded in terms broad enough to lend themselves to the application as a means of punishment for peacefully expressing political views and, in so far as they are enforceable with sanctions of imprisonment which can involve compulsory labour, they may fall within the scope of the Convention. The Committee therefore requests the Government to take the necessary measures, both in law and in practice, to ensure that no penalties involving compulsory labour or community service may be imposed for the peaceful expression of political views opposed to the established system. In the meantime, the Committee requests the Government to provide information on the application of sections 226–227, 333-1, 332, 334, 336–338 of the Criminal Code in practice, supplying copies of the court decisions defining or illustrating their scope.

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Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its earlier comments, the Committee requested the Government to provide information on the application in practice of section 268 (incitement to agitation against the law or authorities), section 269 (agitation against communities) and section 270 (disturbance of the public order by openly declaring false facts or by spreading rumours) of the Criminal Code of 1978 which allow for the imposition of penalties of imprisonment involving compulsory labour.
The Committee notes that the Criminal Code of 2012 which entered into force on 1 July 2013 repealed the Criminal Code of 1978. The Committee notes, however, that the Criminal Code of 2012 also imposes sanctions of imprisonment ranging from one to three years (which involve an obligation to perform labour, under section 33(1)(d) of Law-Decree No. 11 of 1979) in circumstances covered by the Convention, namely defamation and slander (sections 226 and 227); open denial of Nazi crimes and Communist crimes (section 333-1); incitement against a community (section 332); blasphemy of a national symbol (section 334); incitement against a decree of authority (section 336); scaremongering or uttering, publishing a false statement to violate public order (section 337); and stating or disseminating any untrue fact to disturb public peace (section 338). The Committee notes the Government’s reference to section 33(4) of the Criminal Code of 2012 according to which the court may, for offences which carry a maximum sentence of three years of imprisonment, substitute the term of imprisonment by other sanctions such as community service work, custodial arrest, fine, driving ban or combination of both. Section 47 of the Criminal Code further states that the person sentenced to community service is obliged to perform the work prescribed. The Committee recalls that sanctions involving compulsory labour, including community service are incompatible with Article 1(a) of the Convention where they enforce a prohibition of the peaceful expression of non-violent views or of opposition to the established political, social or economic system. It draws the Government’s attention to the fact that the above penal provisions are worded in terms broad enough to lend themselves to the application as a means of punishment for peacefully expressing political views and, in so far as they are enforceable with sanctions of imprisonment which can involve compulsory labour, they may fall within the scope of the Convention. The Committee therefore requests the Government to take the necessary measures, both in law and in practice, to ensure that no penalties involving compulsory labour or community service may be imposed for the peaceful expression of political views opposed to the established system. In the meantime, the Committee requests the Government to provide information on the application of sections 226–227, 333-1, 332, 334, 336–338 of the Criminal Code in practice, supplying copies of the court decisions defining or illustrating their scope.

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Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its earlier comments, the Committee referred to certain provisions of the Penal Code, under which sanctions of imprisonment (which involve an obligation to perform labour, under section 33(1)(d) of Law-Decree No. 11 of 1979) may be imposed in cases of incitement to agitation against the law or authorities (section 268), agitation against communities (section 269) and disturbance of the public order by openly declaring false facts or by spreading rumours (section 270). The Committee requested copies of relevant court decisions defining or illustrating the scope of these provisions. In this regard, the Committee notes the copy of a decision of the Supreme Court of 2010, submitted with the Government’s report, which illustrates the limited scope of application of section 269 of the Penal Code. The Committee requests the Government to provide information on the application of sections 268 and 270 of the Penal Code in practice, including copies of any court decisions which could define or illustrate the scope of these provisions.

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Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its earlier comments, the Committee referred to certain provisions of the Penal Code, under which sanctions of imprisonment (which involve an obligation to perform labour, under section 33(1)(d) of Law-Decree No. 11 of 1979) may be imposed in cases of incitement to agitation against the law or authorities (section 268), agitation against communities (section 269) and disturbance of the public order by openly declaring false facts or by spreading rumours (section 270). The Committee observed that, under the above provisions of the Penal Code, penal sanctions involving compulsory labour may be imposed in circumstances defined in terms which are broad enough to give rise to questions about their conformity with the Convention. It therefore requested information on the application of these provisions in practice, supplying copies of the relevant court decisions defining or illustrating their scope. The Committee noted in this connection the Government’s statement in its previous report that Hungarian courts are not authorized to disclose personal data in relation to criminal proceedings, but may disclose sentences in an anonymous form, without violating privacy.
The Committee takes note of the Government’s detailed explanations concerning the interpretation of sections 268, 269 and 270 of the Penal Code referred to above, as well as the indication of the reasons which lead to the amendment of the wording of section 270 in 2000.
While taking due note of these indications, the Committee requests the Government once again to supply, with its next report, sample copies of the court decisions (or description thereof made in an anonymous form), which have been passed under the abovementioned sections 268, 269 and 270 of the Penal Code and which could define or illustrate the scope of these provisions, in order to enable the Committee to assess their conformity with the Convention.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its earlier comments, the Committee referred to the Penal Code provisions imposing sanctions of imprisonment (which involve compulsory prison labour) in cases of incitement to agitation against the law or authorities (section 268), agitation against communities (section 269) and disturbance of the public order by openly declaring false facts or by spreading rumours (section 270). The Committee recalled that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engaged in preparatory acts aimed at violence but, if sanctions involving compulsory labour enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, such sanctions fall within the scope of the Convention.

The Committee observes that the above provisions of national law provide for penal sanctions involving compulsory labour in circumstances defined in terms which are wide enough to give rise to questions about their conformity with the Convention. It therefore requested information on the application of these provisions in practice, supplying copies of the relevant court decisions defining or illustrating their scope.

The Committee notes the Government’s statement in the report that Hungarian courts are not authorized to disclose personal data in relation to criminal proceedings, but may disclose sentences in an anonymous form, without violating privacy.

While having duly noted this indication, the Committee again requests the Government to supply, with its next report, sample copies of the court decisions (or description thereof made in an anonymous form), which have been passed under the abovementioned sections 268, 269 and 270 of the Penal Code and which could define or illustrate the scope of these provisions, in order to enable the Committee to assess their conformity with the Convention.

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Article 1, subparagraph a, of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its earlier comments, the Committee referred to the Penal Code provisions imposing sanctions of imprisonment (which involve compulsory prison labour) in cases of incitement to agitation against the law or authorities (section 268), agitation against communities (section 269) and disturbance of the public order by openly declaring false facts or by spreading rumours (section 270). The Committee recalled that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engaged in preparatory acts aimed at violence but, if sanctions involving compulsory labour enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, such sanctions fall within the scope of the Convention.

The Committee observes that the above provisions of national law provide for penal sanctions involving compulsory labour in circumstances defined in terms which are wide enough to give rise to questions about their conformity with the Convention. It therefore requested information on the application of these provisions in practice, supplying copies of the relevant court decisions defining or illustrating their scope.

The Committee notes the Government’s statement in the report that Hungarian courts are not authorized to disclose personal data in relation to criminal proceedings, but may disclose sentences in an anonymous form, without violating privacy.

While having duly noted this indication, the Committee again requests the Government to supply, with its next report, sample copies of the court decisions (or description thereof made in an anonymous form), which have been passed under the abovementioned sections 268, 269 and 270 of the Penal Code and which could define or illustrate the scope of these provisions, in order to enable the Committee to assess their conformity with the Convention.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its earlier comments, the Committee referred to the Penal Code provisions imposing sanctions of imprisonment (which involves compulsory prison labour) in cases of incitement to agitation against the law or authorities (section 268), agitation against communities (section 269) and disturbance of the public order by openly declaring false facts or by spreading rumours (section 270). The Committee pointed out that, in most cases, labour imposed on persons as a consequence of a conviction in a court of law will have no relevance to the application of Convention No. 105, but if a person is in any way forced to work because he holds or has expressed certain political views, such a situation is covered by the Convention. On the other hand, the Committee always made it clear that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engaged in preparatory acts aimed at violence, but if sanctions involving compulsory labour enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, such sanctions fall within the scope of the Convention.

The Committee has noted from the statistical information annexed to the Government’s report that, under section 269 of the Penal Code, nine prison sentences were imposed in 2001–05 for agitation against communities, and under section 270 of the Penal Code, eight prison sentences and five sentences of “public utility labour” were imposed for spreading rumours during the same period. No such information has been supplied as regards the application of section 268 of the Penal Code (incitement to agitation against the law or authorities). While having duly noted the Government’s explanations concerning the provisions of the national Constitution regarding the freedom of expression, the Committee again requests the Government to supply, with its next report, sample copies of the court decisions passed under the abovementioned sections of the Penal Code, which could define or illustrate their scope, in order to enable the Committee to ascertain that they are applied in a manner compatible with the Convention.

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Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its earlier comments, the Committee referred to the Penal Code provisions imposing sanctions of imprisonment (which involves compulsory prison labour) in cases of incitement to agitation against the law or authorities (section 268), agitation against communities (section 269) and disturbance of the public order by openly declaring false facts or by spreading rumours (section 270). The Committee pointed out that, in most cases, labour imposed on persons as a consequence of a conviction in a court of law will have no relevance to the application of Convention No. 105, but if a person is in any way forced to work because he holds or has expressed certain political views, such a situation is covered by the Convention. On the other hand, the Committee always made it clear that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engaged in preparatory acts aimed at violence, but if sanctions involving compulsory labour enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, such sanctions fall within the scope of the Convention.

The Committee has noted from the statistical information annexed to the Government’s report that, under section 269 of the Penal Code, nine prison sentences were imposed in 2001–05 for agitation against communities, and under section 270 of the Penal Code, eight prison sentences and five sentences of “public utility labour” were imposed for spreading rumours during the same period. No such information has been supplied as regards the application of section 268 of the Penal Code (incitement to agitation against the law or authorities). While having duly noted the Government’s explanations concerning the provisions of the national Constitution regarding the freedom of expression, the Committee again requests the Government to supply, with its next report, sample copies of the court decisions passed under the abovementioned sections of the Penal Code, which could define or illustrate their scope, in order to enable the Committee to ascertain that they are applied in a manner compatible with the Convention.

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The Committee has noted the Government’s reply to its earlier comments. It has noted, in particular, the Government’s indications concerning the programme of implementation of "public utility labour", in connection with the adoption of the Government’s Resolution No. 1009/2004 (II.26). The Committee is examining this issue in its direct request under Convention No. 29, likewise ratified by Hungary.

Article 1(a) of the Convention. In its earlier comments, the Committee referred to the Penal Code provisions imposing sanctions of imprisonment (which involves compulsory prison labour) in cases of incitement to agitation against the law or authorities (section 268), agitation against communities (section 269) and disturbance of the public order by openly declaring false facts or by spreading rumours (section 270). The Committee requested the Government to supply information on the application of these provisions in practice.

While taking note of the Government’s view, with reference to Article 2(2)(c) of Convention No. 29, that works carried out following the court sentences under the above penal provisions should not be interpreted as forced or compulsory labour, the Committee draws the Government’s attention to the explanations contained in paragraphs 104 and 105 of its General Survey of 1979 on the abolition of forced labour, in which it has considered that the exclusion of prison labour under Convention No. 29 does not automatically apply to Convention No. 105. The Committee pointed out that, in most cases, labour imposed on persons as a consequence of a conviction in a court of law will have no relevance to the application of Convention No. 105, but if a person is in any way forced to work because he holds or has expressed certain political views, such a situation is covered by the Convention.

On the other hand, the Committee always made it clear that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, but if sanctions involving compulsory labour enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, such sanctions fall within the scope of the Convention.

The Committee previously noted that no cases have been tried in 1997-99 under section 268 of the Penal Code. It has noted the Government’s indications in its latest report that, under section 269 of the Penal Code, 15 prison sentences were imposed in 1997-2000, but no sentences have been served, and under section 270 of the Penal Code, 12 prison sentences were imposed during the same period, only two of them have been served. The Committee has also noted from the statistical information annexed to the report that, under section 270, nine sentences of "public utility labour" were imposed during the same period. The Committee again requests the Government to supply, with its next report, sample copies of the court decisions passed under the abovementioned sections of the Penal Code, which could define or illustrate their scope, in order to enable the Committee to ascertain that sanctions imposed under these provisions are not used as a punishment for the expression of views opposed to the established political, social or economic system.

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1. The Committee has noted the information provided by the Government in reply to its earlier comments. It has noted, in particular, the provisions of the Act on Radio and Television Broadcasting, 1996, supplied by the Government with its report.

2. Article 1(a) of the Convention. The Committee previously noted the provisions of the Penal Code imposing penal sanctions of imprisonment (involving an obligation to work) in cases of incitement to agitation against the law or authorities (section 268), agitation against communities (section 269) and disturbance of the public order by openly declaring false facts or by spreading rumours (section 270). The Committee asked the Government to supply information on the application in practice of these provisions. The Government indicates in its report that no cases have been tried in 1997-99 under section 268, whereas a certain number of cases have been tried in 1997-2000 under sections 269 and 270, though no person is presently serving a prison term for violating their provisions. The Committee requests the Government to indicate, in its next report, whether any of the cases between 1997-2000 under sections 269 and 270 resulted in sentences of imprisonment and if so, what number and the length of the sentences. The Committee also requests copies of the court decisions passed under the abovementioned sections of the Penal Code defining or illustrating their scope.

3. Referring also to its comments addressed to the Government under Convention No. 29, the Committee has noted the Government’s indication in its report that the elaboration of the Order on the penitentiary system, which shall include the arrangements for "public utility labour", is currently in progress, and that such arrangements would satisfy the workforce demand of local governments in such areas as environmental protection, public utilities, etc. The Committee requests the Government to supply a copy of the abovementioned Order, as soon as it is adopted, and to describe the application in practice of the programme of implementation of "public utility labour", which, according to the Government’s report, will start in the near future.

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1.  The Committee has noted the information provided by the Government in reply to its previous direct request.

2.  The Committee requests the Government to supply copies of the following texts to which reference was made in its report: Decree No. 11 of 1979 on the implementation of punishments; Decree No. 6/1996 (VII.12) IM on the rules of implementation of prison sentences; Measure 1-1/17/1999 (IK) Bv. Mell. (3) OP by the National Commander of the Implementation of Prison Sentences on the procedures of employment of inmates.

3.  Article 1(a) of the Convention.  In its previous comments, the Committee noted the provisions of the Penal Code imposing penal sanctions of imprisonment in cases of incitement to agitation against the law or authorities (section 268), agitation against communities (section 269) and disturbance of the public order by openly declaring false facts or by spreading rumours (section 270). The Committee asked the Government to supply information on the application in practice of these provisions. In the absence of the information requested, the Committee expresses the hope that such information will be provided by the Government in its next report. It also repeats its request for a copy of the media law adopted in 1995, in order to be able to assess its conformity with the Convention.

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1. The Committee notes with interest the information supplied by the Government in its first report on the application of the Convention. It would be grateful if the Government would provide, in its next report, information on any provisions governing prison labour and supply copies of relevant texts (e.g. legislation concerning execution of sentences, prison rules or regulations). Please also supply additional information on the following points:

2. Article 1, paragraph (a), of the Convention. The Committee notes the provisions of article 8(4) of the Constitution, according to which the exercise of some of the fundamental rights may be suspended or restricted during a state of national crisis, state of emergency or state of danger. Article 19D of the Constitution provides for the adoption of a law specifying the detailed regulations to be applied during a state of national crisis and a state of emergency. The Committee would be grateful if the Government would indicate, in its next report, whether such a law has been adopted, and if so, supply a copy. Please state what guarantees are provided to ensure that the duration and extent of exceptional measures taken during a state of emergency shall be limited to what is strictly required by the exigencies of the situation.

3. The Committee also notes the provisions of the Penal Code imposing penal sanctions of imprisonment in cases of incitement to agitation against the law or authorities (section 268), agitation against communities (section 269) and disturbance of the public order by openly declaring false facts or by spreading rumours (section 270). The last offence may be also punished by public utility labour (section 270(1)). The Committee would be grateful if the Government would supply information in its next report on the application in practice of the above-mentioned penal provisions.

4. Please also supply a copy of the media law adopted in 1995.

5. Article 1, paragraph (b). The Committee refers to point 1 of its direct request addressed to the Government under Convention No. 29 concerning certain provisions of the National Defence Act, 1993 (section 133, long-term work for the national defence).

6. Article 1, paragraph (c). The Committee would be grateful if the Government would supply information in its next report concerning disciplinary measures applicable to seafarers (e.g. in such cases as desertion, absence without leave or disobedience).

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