Responses to Information Requests

This Response to Information Request replaces HUN103626 of 22 November 2010.

Hungarian governmental officials and a Budapest-based lawyer indicate that law enforcement authorities must provide the victim of a crime a copy of the police report within eight days of receiving the request (Lawyer 18 Nov. 2010; Hungary 5 Nov. 2010; ibid. 14 Dec. 2010). In correspondence with the Research Directorate on 5 November 2010, an official, who works at the Office of the Parliamentary Commissioner for Data Protection and Freedom of Information in Budapest, stated that, typically, police reports of criminal incidents are "immediately" given to the person affected after they are written. The Official added that, during criminal proceedings, the victim has a right "to inspect the documents affecting him or her in the course of the procedure" (Hungary 5 Nov. 2010).

However, the practicing Lawyer in Budapest, who spoke with the Research Directorate during a telephone interview on 18 November 2010, said that, usually, victims are not "automatically" given a copy of the police report, but need to ask for it. While the Lawyer mentioned that written requests are generally processed in accordance with the law, people requesting documents verbally are sometimes turned away because police authorities "sometimes don't care about the rights of victims" (Lawyer 18 Nov. 2010). The Lawyer also indicated that, if the police believe an incident is not their responsibility, they do not always write up a report (ibid.). He expressed the opinion that some groups, such as Roma, can face problems making and accessing police reports (ibid.).

The information privacy Official stated that the right of a victim to a copy of a Hungarian police report applies equally to someone residing outside Hungary (Hungary 5 Nov. 2010). The Lawyer corroborated the official's statement, saying that requests for police reports can be made from abroad (18 Nov. 2010). He indicated that if the investigation is ongoing, the request should be sent to the police department carrying out the investigation; but if the case is closed, the request should go to the Supreme State Attorney, whose central office is in Budapest (Lawyer 18 Nov. 2010). He cautioned that documents at the State Attorney's office are sometimes difficult to locate (ibid.).

However, in 14 December 2010 correspondence with the Research Directorate, an official at the Embassy of Hungary in Ottawa stated that requested copies of police reports can only be sent to addresses within Hungary. According to the Official, the documents can be sent either to the person's legally registered residence in Hungary or to an authorized representative legally residing in Hungary (Hungary 14 Dec. 2010). Both the information privacy Official and the Lawyer also indicate that victims can authorize a representative in Hungary to access police reports on their behalf through a power of attorney (ibid. 5 Nov. 2010; Lawyer 18 Nov. 2010).

According to the Embassy Official, the power of attorney document must contain the personal data (i.e., name, name at birth, place of birth, date of birth, mother's maiden name, the number and confirmation of the photo identification used, and the actual address) of both the person giving the power of attorney and the person being authorized (Hungary 14 Dec. 2010). The document must also include a "precise description" of the purpose and time frame of the power of attorney being entrusted to the representative (ibid.). The Embassy Official further noted that the power of attorney must be written in Hungarian, signed by the person granting authorization, and authenticated by a Hungarian consular representative in the country where the power of attorney is being issued (ibid.). Alternatively, the power of attorney can be authenticated by a local notary public, but the seal and signature of the notary public require authentication by the Hungarian consular representative (ibid.).

This information was corroborated by the Lawyer, who also specified that power of attorney could be arranged through a notary public or a Hungarian consulate, but who did not provide details on the procedure (Lawyer 18 Nov. 2010). The information privacy Official and the Lawyer both stated that power of attorney can be granted to a relative or a lawyer (ibid.; Hungary 5 Nov. 2010). The Lawyer expressed the opinion that people represented by lawyers generally do not have difficulties accessing police reports (Lawyer 18 Nov. 2010).

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. 14 December 2010. Embassy of Hungary, Ottawa. Correspondence with the Head of the Consular Section.

_____. 5 November 2010. Office of the Parliamentary Commissioner for Data Protection and Freedom of Information, Budapest. Correspondence with an official.

Lawyer, Budapest. 18 November 2010. Telephone interview.

Additional Sources Consulted

Internet sites, including: European Country of Origin Network (ecoi.net), Hungarian Police, Interpol, Ministry of Foreign Affairs, Office of the United Nations (UN) High Commissioner for Refugees (UNHCR) Refworld.