The peace of Gyöngyöspata was disturbed by groups sympathizing with the ideology of the previously disbanded Magyar Gárda (Hungarian Guard), with the intention to take the tasks of police of maintaining law and order.

However, the events in Gyöngyöspata cannot be separated from the social and economic events of the last 20 years. Nowadays, it is common in several villages that the State or local authorities - due to lack of money or other resources - abandon isolated and disadvantaged groups living amongst severe circumstances. According to the Minority Ombudsman's view, neither the local, nor the relevant national policies have had an adequate response to the social problems enhanced by the financial and economic crisis which resulted in the increased unemployment and social inequality.

The above findings however are valid not only for Gyöngyöspata, but also for other villages in Hungary. So what had exactly happened in Gyöngyöspata in the recent weeks and why?

The scenario of the events in Gyöngyöspata can be summarized as the following: a non-local NGO ("Society of Civil Guards for a Brighter Future") is invited to patrol and execute a mission of "law and order" in a settlement chosen by political forces, namely a village where the presence and the activity of police forces is little and not very effective. Then - taking advantage of the legislative gaps - demonstrations are being held. Later, referring to crime prevention, the NGO carries out "civil guardian" patrols which frighten the local minority community of Roma. As a consequence of the above, the organizers could reach their goals to increase the dissatisfaction over the police's efficiency and the prejudice against the Roma. Furthermore they provoke greater police presence and draw the media's attention to the subject as well.

The groups apparently form the events according to a scenario in which they count on the police's position of being "between two-fires"; in an ambiguous and uncertain situation where they cannot stand next to those who are in need for legal protection. Furthermore, these groups calculate upon the public support and popularity of the paramilitary forces.

According to the well planned agenda, after the press, the public, the human rights organizations and the local population have been sufficiently perturbed, mobilized and frightened, these groups move to another settlement to provoke conflicts between Roma and non-Roma inhabitants.

The primary objective of the Minority Ombudsman's investigation was to determine whether the procedures of state and local authorities had been adequate; whether they have acted in accordance with law and taken all the necessary measures to guarantee peaceful living conditions for the Roma and to ensure the respect of their inalienable right to human dignity. Following this objective, the Minority Ombudsman has conducted investigations not only on the issue of patrols and paramilitary marches which got great press attention, but also on the segregation of Roma pupils in school and the segregation in the field of housing, neither of which can be separated from the events that have occurred in spring 2011 in Gyöngyöspata.

The investigation has revealed several legislative and law enforcement deficiencies, for which the Ombudsman has issued 33 recommendations, initiatives and proposals to the state and local authorities concerned. For instance, the Minority Ombudsman proposed the amendment of the Infringement Law to the Minister of Internal Affairs to make the sanctions for minor offenses more effective and to clarify the rules concerning military and paramilitary groups. Furthermore, he asked the National Police Chief to stop the threatening and scandalous activities of the NGO responsible for the events and other similar organizations by sanctions and other necessary measures. He also turned to the Prosecutor General to investigate: has there been a case of incitement to hatred against a community and a criminal offence of racially motivated violence against a member of a national and ethnic community in Gyöngyöspata? The Minority Ombudsman also requested the Prosecutor of Békés County to examine the legal activity and conditions of the "Society of Civil Guards for a Brighter Future" and initiated the suspension of its activities by court as well.

The Ombudsman prompted out the fact that the situation in Gyöngyöspata still has not been resolved, and external help is needed to ease the remaining tensions, fears and to restore peace and tranquility of the village "split into two parts". For this reason, he called on the competent State Secretary of the Ministry of Public Administration and Justice to create a strategy to organize a ‘rapid task force' consisting of experts (psychologists, mediators, etc.) to handle local ethnic or similar -appeared to be- conflicts and traumas. Moreover, the Minority Ombudsman recommended several proposals on resolving housing and school segregations as well.

This event has special actuality as a paramilitary group has returned to Gyöngyöspata. In April 2011, a similar "scenario" seems to be repeated in Hajdúhadház; therefore the Ombudsman warned that it is a fundamental requirement in a state of rule of law that the State - by means of legislation and by its legitimate organizations of violence - prevent this process.

Budapest, 19th April 2011.

Dr. Ernő KÁLLAI