On September 15th 2015, one more step in the criminalisation of asylum seekers has been taken by the Hungarian government. In the context of the migration crisis, Hungary and its Prime Minister Viktor Orbán announced a state of emergency for two border counties, after Hungarian armed forces completed reinforcements to the razor wire fence constructed along its border with Serbia, and after a new anti-migrant law came into effect : Hungary will send immigrants who fail to win asylum back to Serbia and makes it a criminal offence, punishable by prison or deportation, to cross the border illegally or damage the country’s border defences.
On the same day, Council of Europe Secretary General, Thorbjørn Jagland, announced that he will write to Hungarian Prime Minister Viktor Orbán about this new legislation : “I am concerned about a series of recent amendments to legislation in Hungary which will, among other things, allow the Government to declare a ‘state of crisis’ caused by mass immigration. I will write to the Prime Minister today asking for the final text of all relevant legislation adopted in the context of the migration crisis with a view to making a compatibility analysis. I will also ask for reassurances that if a ‘state of crisis’ is declared, Hungary will remain committed to its obligations under the European Convention on Human Rights”.
Under Article 15 of the European Convention on Human Rights, a country may derogate from certain rights enshrined in the Convention and, in that case, has to notify the Secretary General. There can be no derogation from Article 2 (Right to life), from Article 3 (prohibition of torture), from Article 4 paragraph 1 (prohibition of slavery) and from Article 7 (no punishment without law).
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