Hungary: Whether a police report can be obtained without the personal attendance of the complainant; information on requirements

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Procedures and Requirements to Obtain a Police Report

In correspondence with the Research Directorate, an official at the Embassy of Hungary in Ottawa, who consulted with relevant ministries in Hungary, indicated that:

Requests to obtain a police report can be submitted in the following circumstances:

under the Criminal Procedure Code, by those involved in criminal proceedings (i.e., victims, accused people, and witnesses or their representatives);

under the Police Act, by those who file a complaint against the police (or their representative), who can receive the documents for free. In this case, applications do not need to be made in person and the rules of representation are provided in the Police Act;

under the Privacy Act, complainants who filed a police report, or their representative; and

under the Privacy Act, anyone if it is a case of public interest.

Except in the case of a request under the Police Act, all requests for police reports must be submitted to a police branch in person. In case a requestor is abroad, they can authorize a representative in Hungary to request the police report, in which case the representative has to submit the request in person at a police branch. (Hungary 28 July 2016)

The same source added that there is no form required and that both verbal and written requests are acceptable (ibid.). Sources indicate that when a person reports a crime to the police, a copy of the police report is given to the individual at that time free of charge (ibid.; White Ring Public Benefit Association 25 July 2016). In correspondence with the Research Directorate, a representative of the Hungarian White Ring Public Benefit Association, a Budapest-based victim support organization founded in 1989, stated that the victim receives the original copy of the police report from the police officer at the station or, if the crime was not reported at the police station, the report is sent by mail within 30 days (ibid.). Both the representative and the Official indicated that individuals can request a copy of their police report at a later date for a fee of 100 Hungarian Forints [CAD$0.46] per page (ibid.; Hungary 28 July 2016). According to the Official, the processing time of such requests is eight days (ibid.). The representative noted that the victim can apply for the copy of the report from the office assistant of the police station, which must be done in person (White Ring Public Benefit Association 25 July 2016).

1.1 Obtaining a Police Report Without the Personal Attendance of the Complainant

The representative indicated that a victim can authorize a third-party representative, usually a lawyer, to request a police report through an authorization signed by the victim, two witnesses and the authorized representative (ibid.). The Official indicated that representatives may obtain police reports; however, under the rules for obtaining police reports as part of criminal proceedings, only an attorney or an adult relative may represent the victim (Hungary 28 July 2016). In other situations, anyone can serve as an authorized representative of a victim in order to obtain a police report (ibid.). Further and corroborating information on procedures and requirements to obtain a police report without the personal attendance of the complainant could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Obtaining a Police Report from Abroad

The Official noted that police reports can only be requested in person at a police branch, and unless the individual has a representative, copies of police reports cannot be obtained from abroad (Hungary 25 July 2016). The source further indicated that authorizations arranged from abroad require "diplomatic legalization," meaning that either the consular officer needs to authenticate the document and verify the signature of the Hungarian citizen, or the consul can apply "diplomatic authentication" to a document signed before a [local] notary public or commissioner of oaths, in which case a prior authentication by the local ministry of foreign affairs might be required (ibid.). Without providing further details, the representative stated that obtaining a police report from abroad is "rather complicated" as there is no unified system to do so; decisions are usually made on an "individual basis by the police station concerned" (White Ring Public Benefit Association 25 July 2016). The same source added that a victim who is abroad can apply for the police report through an authorized representative, who has to make the request in person at a police station, in which case the fact that a representative applies for the police report does not affect the decision of the police station to grant the request (ibid. 26 July 2016).

3. Regional Variations in Procedures

The Official stated that because "the procedures [to obtain a police report] are established by law, they are standard throughout the country" (Hungary 25 July 2016). The representative similarly stated that there are no regional differences in the procedures and requirements for a representative to obtain a police report within Hungary (White Ring Public Benefit Association 25 July 2016).

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 for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Hungary. 28 July 2016. Correspondence to the Research Directorate from the Embassy of Hungary in Ottawa.

_____. 25 July 2016. Correspondence to the Research Directorate from the Embassy of Hungary in Ottawa.

White Ring Public Benefit Association. 26 July 2016. Correspondence from a representative to the Research Directorate.

_____. 25 July 2016. Correspondence from a representative to the Research Directorate.

Additional Sources Consulted

Oral sources: Háttér Society; Hungarian Civil Liberties Union; Hungarian Helsinki Committee; four lawyers in Budapest; Law office in Miskolc; four lawyers in Budapest; NANE Women's Rights Association; Phralipe Independent Roma Organization.

Internet sites, including: Amnesty International; British Broadcasting Corporation; Ecoi.net; Factiva; Háttér Society; Human Rights Watch; Hungarian Civil Liberties Union; Hungarian Helsinki Committee; Hungary- Embassy in Ottawa, Ministry of Justice, Police; Radio Free Europe/Radio Liberty; UN - Office of the High Commissioner For Human Rights, Refworld; US - Department of State, Embassy in Budapest.