Attila Vajnai, ex Vice-President of Workers’ Party, now President of European Left- Workers’ Party 2006 and his comrades/activists were wearing „totalitarian symbols” on several occasions in Hungary in 20004, 2005, 2008, 2009 in public events, e.g. peaceful demonstrations as well as in public media. Subsequently, several criminal proceedings were instituted against them for the offence of having worn „totalitarian symbols” on several occasions of public appearance. Consequently, they were sentenced by the Hungarian courts to criminal fines several times. 

The cases originated in different applications against the Republic of Hungary lodged with the European Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by Hungarian applicants (Attila Vajnai et al) in August 2011. The applicants complained under Article 10 of the Convention that their convictions for wearing a red star and a sickle-and-hammer logo were a breach of their right to freedom of expression. On 17 October 2013 the applications were communicated to the Hungarian Government, which objected to the examination of the applications by a Committee. After having considered the Hungarian Government’s objection, the European Court of Human Rights rejected it.

The applicants complained that their convictions infringed their rights under Article 10 of the Convention. The Hungarian Government contested these views in general terms.  The European Court recalled that it had already found that the prosecution of an applicant for displaying the red star was an admissible complaint and constituted a violation of Article 10. It noted that the impugned provision of the national law was the same in those applications as in the present case and the circumstances of the interferences were virtually identical. Consequently, the European Court found no reason to depart from its earlier conclusion in the matter and joined the applications as well as declared them admissible. The Court held that there had been a violation of Article 10 of the Convention and the Hungarian State was to pay the applicants within 3 months four thousand euro each plus two thousand two hundred euro jointly.

The novelty of the European Court judgments announced on 23rd September 2014 is that not only the unduly limiting of the public use of five pointed red star, but also the ban on hammer and sickle is a clear  breach of the Convention. In addition, to establish the violation of  the Convention, it is not necessary to start a prosecution against the user of the symbol, it is sufficient if a police action (e.g. capture, or detention) takes place  for the freedom of political expression. 

Budapest, 24th September 2014. szeptember 24.