60
Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January – June 2007
In court, in the presence of their attackers,
women have to relive time and again the
horror of the sexual attacks they were
subjected to and to prove their innocence.
They have to challenge public attitudes that
it is acceptable for a husband to force his
wife to have sex and that it is the woman
who
provokes
rape.
Such
attitudes
prompted a Hungarian judge, for example,
to tell AI that she herself would be reluctant
to report rape.
Rape in the family is rarely discussed
publicly. Victims are rarely heard to speak
about the physical and psychological
injuries they experience. The number of
studies on this issue is extremely small. A
2006 public opinion survey revealed that 62
per cent did not know that marital rape was
a crime.
As a result, in Hungary there is a high rate
of attrition for cases of rape and other
crimes of sexual violence, women do not
have access to justice and redress, and do
not receive adequate support and services
for victims. On the contrary they are being
blamed, stigmatized and humiliated.
Among other things, AI has called on the
Hungarian authorities to ensure legislative
changes that would guarantee access to
justice, including by amending the present
law on the definition of rape and other
crimes of sexual violence and the
requirements for establishing such crimes
to be amended, in order to reflect women’s
rights to physical, psychological or sexual
freedom and integrity; to provide standards
and training for professionals working with
victims of sexual crimes; to set up support
services for victims of sexual violence,
including medical treatment, psychological
care, legal and advocacy counselling, as
well as quality forensic practice for the
purposes of effective investigation; to carry
out research and compile data that will
inform policy making; and to actively
combat social prejudices through public
education.
Following the publication of AI’s report,
which received wide publicity within
Hungary,
a
prominent
member
of
parliament from the minority party in
Amnesty International
Hungary's governing coalition, the Alliance
of Free Democrats (Szabad Demokraták
Szövetsége, SzDSz), brought the issue
before parliament in May and supported
AI’s recommendations. Additionally, a
spokesperson from the Ministry of Justice
and Law Enforcement mentioned in the
same month that the Criminal Code would
be reviewed, and agreed that the current
procedure was traumatizing for women.
Police excessive use of force and illtreatment
On 2 February, the Special Commission of
Experts on the Demonstrations, Street Riots
and Police Measures in September-October
2006 (Special Commission) issued a report
on its conclusions after the investigation on
the policing of the demonstrations, in which
police reportedly used excessive force on
peaceful demonstrations that later turned
violent in the capital, Budapest. In
November 2006, the Prime Minister had
decided to set up this Special Commission
to “analyse the historic and social causes,
to examine the proportionality of the
measures taken and to evaluate the
institutional… [and] legal framework with
respect to the actions taken by the
authorities, with special regard to the
human rights of those affected.”
Echoing recommendations already made by
AI (see AI Index: EUR 01/001/2007).The
Special Commission also called on the
authorities to ensure that law enforcement
officers engaged in crowd control and those
who make arrests are wearing visible forms
of identification, such as name tags or
identification numbers, as well as the
insignia of the force to which they belong.
The Special Commission also called for the
establishment
of
a
fully
resourced
independent agency to investigate all
allegations
of
serious
human
rights
violations by law enforcement officers. It
further urged that the authorities ensure
that
the
complaints
by
individuals
concerning alleged violations of their
human rights in the context of the policing
of the demonstrations and their aftermath
AI Index: EUR 01/010/2007
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