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Hungary: Follow-up to HUN22380.E of 23 November 1995 on alternative military service; penalties for failure to respond to a call-up notice; scope of exemptions, including exemption for medical reasons; appeal mechanism available to an individual who disputes a refusal to exempt him from service (2002)

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board, Canada
Publication Date 17 May 2002
Citation / Document Symbol HUN39018.E
Reference 2
Cite as Canada: Immigration and Refugee Board of Canada, Hungary: Follow-up to HUN22380.E of 23 November 1995 on alternative military service; penalties for failure to respond to a call-up notice; scope of exemptions, including exemption for medical reasons; appeal mechanism available to an individual who disputes a refusal to exempt him from service (2002), 17 May 2002, HUN39018.E, available at: https://www.refworld.org/docid/3df4be3e24.html [accessed 28 May 2023]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

Information on alternative military service in Hungary is scarce among the sources consulted by the Research Directorate.

In June 2001, the parliament adopted a new law on military service (The Budapest Sun 21 June 2001) scheduled to come into force on 1 January 2002 (AP 13 June 2001). The changes include the reduction of the length of alternative military service from 18 to 12 months and the requirement for young men who have not received a call-up notice by the age of 24 to report to a recruitment office (The Budapest Sun 21 June 2001). According to Associated Press, the new law also sets at nine months the length of community service that conscientious objectors must perform (13 June 2001).

No information on penalties for failure to respond to a call-up notice could be found among the sources consulted by the Research Directorate.

On 26 March 2001, Hungarian Radio reported that the head of the Budapest Army Recruitment Headquarters had lodged a complaint against 19 young men for draft evasion. The young men had produced fraudulent medical certificates issued by a doctor in exchange for fees ranging from 12,000 forints to 30,000 forints (Hungarian Radio 26 Mar. 2001), equivalent to CAN$62.71 and CAN$156.78 (Bank of Canada 26 Mar. 2001). The authorities announced that they would also review 7,600 exemptions already granted as they suspect other called-up young men of having bought certificates from the same doctor (Hungarian Radio 26 Mar. 2001).

Commenting on the compliance with call-up orders, Major-General Tamas Suetoe, the commander of the Hungarian Army Recruitment and Training, noted an improvement over 2000 while stressing that the majority of called up young men tended to comply with the order (Hungarian Radio 14 Aug. 2001). Major-General Suetoe promised that he would resort to all legal means, including police assistance, to punish draft evaders (ibid.).

Following is information on the different types of exemptions from military service granted by the authorities.

An exemption from military service is granted to fathers of two children (AP 13 June 2001).

According to Balazs Schanda, an official in charge of religious information and co-ordination with the Ministry of National Heritage, ministers of religious groups registered pursuant to the Law on Freedom of Conscience and Religion adopted in 1990 are automatically exempt from military service (The Budapest Sun 18 Jan. 2001). In early 2001, there were more than 100 registered religious groups in Hungary, including the Catholics, the Jews, the Baptists, the Evangelicals, the Methodists, the Pentecostals and the Reformed Church (ibid.).

There is a reference to a preliminary conscription health examination as a result of which a conscript is classified as A, B, C, or D (The Budapest Sun 22 Nov. 2001). In August 2001, Major-General Tamas Suetoe announced that 80 per cent of the young men called up for military service in 2001 were marked as A, which means they are considered to be suitable, and 3 per cent of them as D (Hungarian Radio 14 Aug. 2001). It was not clear from the article whether or not D means exemption.

TV2, a Hungarian satellite service, also makes reference to temporary or final exemption from military service that the authorities granted to 50 per cent of individuals, two thirds of which were registered in Budapest (13 Mar. 2002). Half of the exemptions were based on personality disorders and other psychiatric conditions (TV2 6 Jan. 2002) and approximately one third based on allergy (ibid.; The Budapest Sun 22 Nov. 2001). However, TV2 reported on 13 March 2002 that hay fever was no longer accepted as a ground for exemption as young men suffering from it would be conscripted in winter. Other exemptions were reportedly granted based on "diseases of internal organs or organs of locomotion" (TV2 13 Mar. 2002). According to General Istvan Szombat, the commander of the Budapest military replacement centre, psychologists who screen young men called up for military service tend to declare unsuitable those who show the slightest inclination to suicide (Hungarian Radio 16 Feb. 2001).

According to a 13 March 2002 report by TV2, conscription committees only accept medical reports signed by the conscript's general practicioner. However, an earlier report by TV2 indicates that the decision as to whether or not a young man is suitable for military service rests with his general practicioner (TV2 6 Jan. 2002).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Associated Press (AP). 13 June 2001. "Compulsory Military Service to Be Reduced in Hungary." (NEXIS)

The Budapest Sun. 22 November 2001. Sandor Balla. "Officials to Take Tougher Line on Conscripts." [Accessed 15 May 2002]

_____. 21 June 2001. Klara Trencsenyi. "Is the End in Sight for Conscript Army?" [Accessed 15 May 2001]

_____. 18 January 2001. Tamas S. Kiss. "'Church' Clampdown." [Accessed 15 May 2002]

Hungarian Radio [Budapest, in Hungarian]. 14 August 2001. "Hungary: Army Calls up More Conscripts Under Premier's Pressure." (BBC Monitoring 14 Aug. 2001/NEXIS)

_____. 26 March 2001. "Hungary: Probe into Evasion of Compulsory Military Service Launched." (BBC Monitoring 26 Mar. 2001/NEXIS)

_____. 16 February 2001. "Hungary: Colonel on Budapest Youngsters' Success in Avoiding Conscription." (BBC Monitoring 16 Feb. 2001/NEXIS)

TV2 [Budapest, in Hungarian]. 13 March 2002. "Hungary: New Army Rule Will Try to Prevent Youngsters' Dodging National Service." (BBC Monitoring 13 Mar. 2002/NEXIS)

_____. 6 January 2002. "Hungary Cracks Down on Escape from Conscription." (BBC Monitoring 7 Jan. 2002/NEXIS)

Additional Sources Consulted

IRB Databases

Internet sites including:

Constitutional and Legal Policy Institute [Budapest]

European Bureau for Conscientious Objection (EBCO) [Barcelona]

Hungarian Civil Liberties Union [Budapest]

Hungarian Helsinki Committee [Budapest]

Hungarian League Against Conscription (HEL)

Tring Bt [Szolnok] (List of Hungarian Laws in English)

UK Home Office, Immigration and Nationality Directorate (IND). Country Assessment-Hungary.

US Department of State. Country Reports on Human Rights Practices for 2001.

War Resisters' International (WRI) [London]

World News Connection (WNC)

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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