Hungary: Refugees blocked by forces, criminalized by laws

By effectively closing its border to refugees and meeting those fleeing conflict and persecution with razor wire, troops and draconian new laws, Hungary is showing the ugly face of Europe's shambolic response to the growing refugee crisis, said Amnesty International today.

The organization has deployed a team of researchers to the Hungary-Serbia border where dozens of soldiers, riot police, dogs and helicopters are patrolling a newly completed razor wire fence. Under new laws which come into force today refugees who attempt to break through could be jailed for up to three years.

"For refugees fleeing from terrifying conflict zones to be met by such an intimidating show of militarized force is shocking, and a woefully irresponsible response to people already traumatized by war and brutality," said Gauri van Gulik, Amnesty International's deputy director for Europe.

"While thousands more are expected to make their way to Hungary, this 'raise the drawbridge' mentality will simply redirect, but not put an end to, desperate and dangerous journeys."

With the border now almost entirely sealed, Amnesty International researchers saw hundreds of refugees streaming towards a closed border post in the mistaken belief it was open. They also witnessed a group of young men from Syria desperately examining the fence to see if they could somehow break through.

"Fences and draconian laws are not a solution. These are people who are trying to get to safety. The only solution is for Hungary and the EU to start meeting their international obligations, show solidarity and ensure that asylum-seekers have orderly access to territory and asylum procedures," said Gauri van Gulik.

"While the EU seems paralyzed, unable to find urgent, sustainable solutions, Hungary just marches onwards in the wrong direction."

New transit zones have been established along the border with Serbia where refugees will be processed and held - but under the new laws these zones are not considered to be on Hungarian territory.

The detention of refugees and migrants should always be a measure of last resort. Amnesty International opposes criminalising refugees and migrants for irregular entry or exit, which is a disproportionate border control measure. Irregular entry should be treated as an administrative offence.

Since Serbia is considered a safe third country of transit by Hungary, Amnesty International fears that most of the refugees detained in these transit zones will have their asylum claims immediately rejected. The organisation fears that, rather than evaluating each person's claim individually, asylum-seekers will be assessed and returned en masse to Serbia.

If an asylum seeker has his or her claim to asylum rejected they will be entitled to a judicial review but he or she will have to appeal within three days. Amnesty International is concerned about this extremely tight timeline, and about accessing legal aid in the closed transit zones.

The new laws also criminalize anyone who helps migrants and refugees cross the border with a prison sentence of between one and five years.