4
SZABÓ AND VISSY v. HUNGARY JUDGMENT
Section 1
“(2) The police – within the scope of its duties as prescribed by the Fundamental
Law of Hungary, by this Act and by other laws for preventing and combating crimes,
administrating and policing – ...
15. ... within the territory of Hungary ...
a) tracks terrorist organisations,
b) prevents, tracks and repels any attempts of individuals, groups or organisations to
carry out terrorist acts and impedes the commission of any crimes by them,
c) impedes the promotion of the operation of terrorist organisations by individuals,
groups or organisations through providing financial or other support.”
Section 7/E
“(1) The anti-terrorist organ does not exercise any investigatory competence. It:
a) fulfils the tasks prescribed in section 1 subsection (2) point 15, and within these
tasks ...
ad) – within the framework of the fight against terrorism and in order to safeguard
the national security interests of Hungary – prevents, tracks and repels any attempts to
carry out terrorist acts (terrorcselekmény) in Hungary. ...
d) on the basis of the decision of the Minister responsible for policing as endorsed
by the Minister responsible for foreign affairs – in line with the rules of international
law – contributes to rescuing Hungarian citizens who are – outside the territory of
Hungary – in distress due to an imminent and life-threatening danger of act of war,
armed conflict, hostage-taking or terrorist action; to ensuring their safe return to
Hungary and to carrying out their evacuation; to this end it cooperates with the
Member States and the organs of the European Union, with the organs of the North
Atlantic Treaty Organization, with the related international organisations and with the
authorities of the concerned foreign country.
e) acquires, analyses, assesses and forwards information relating to foreign countries
or being of foreign origin which is required for fulfilling the task prescribed in section
d) above.
(2) The anti-terrorist organ may – for the purpose of fulfilling its tasks prescribed in
subsection (1) point a) sub-points aa) to ac) and in point c) – perform secret
intelligence gathering in line with the provisions of Chapter VII of the Act on Police.
(3) The anti-terrorist organ may – for the purpose of fulfilling its tasks prescribed in
subsection (1) point a) sub-point ad) and in point e) – perform secret intelligence
gathering in line with the provisions of sections 53-60 of Act no. CXXV of 1995 on
the National Security Services (the “Nbtv.”), in the course of which it may request and
handle data according to the provisions of sections 38-52 of Nbtv. The secret
intelligence gathering provided in section 56 points a)-e) of Nbtv. is subject to
authorisation of the Minister responsible for justice.”
The crime of “terrorist act” (terrorcselekmény) is defined in section 261
of the Old Criminal Code and sections 314 to 316 of the New Criminal
Code.
17. Act no. CXXV of 1995 on the National Security Services (the
“National Security Act”, “Nbtv.”) contains the passages below.