Jan 1, 1959
Documentary evidence of the systematic violation of legal rights in the Soviet Zone of Germany from 1954 to 1958.
This edition is an extract of the document collection “Unrecht als System”, part III. The document collection “Injustice The Regime” reveals the causes of this stream of refugees constantly flowing to the West. It makes it clear, especially to jurists, what almost unimaginable consequences result from the abuse of law as a means for the achievement of political aims.
Statements made by administrative offices, courts, and leading personalities in the Soviet Zone are reproduced herein to deliver an objective report on the judicial and administrative practice of the Soviet Zone, and to help the reader in gaining a true impression of a system of law, whose representatives assiduously ignore the violations of law and arbitrary actions committed in the name of ‘socialist justice’. which their so eagerly propagate.
East Germany-rights soviet occupation-report-1959-eng (full text in English, PDF)
East Germany-rights soviet occupation-report-1959-fra (full text in French, PDF)
Jan 1, 1959
The administrative authorities have not the right to make laws by virtue of their own competence. The legislative function actually belongs to the two Chambers (Art. 70 of the Constitution).
Dec 1, 1958 | Advocacy, Non-legal submissions
A statement by the German national section of the International Commission of Jurists, published by the ICJ.
The statement consists of answers to a series of questions. The questions were posed by the ICJ and answered on behalf of the German section by ten of its prominent members.
The questions cover the following themes:
- Administrative authorities and the law
- The legislative and the law
- The judiciary and the law
- The legal profession and the law
- The individual and the legal process.
Germany-rule of law-non-legal submission-1958-eng (full text in English, PDF)
Jun 21, 1957
Supplement to the ICJ Report published in April 1957
“The Commission now wishes to draw the attention of lawyers throughout the world, and of general public opinion, to the continuing violation in Hungary of principles of justice recognized by all civilized nations. With this end in view the Commission has prepared the following report which supplements the report issued on March 2nd under the title of “The Hungarian Situation and the Rule of Law”.
“1. The UN report on Hungary expressly endorses the resolutions of the Hague Conference called by the Commission on March 2nd on administration of Justice in Hungary and accepts the legal conclusions submitted by Sir Hartley Shawcross to the UN Committee of 5 in Geneva on March 13, namely
- that the Russian intervention was “aggression”, even according to the Soviet Union’s own definition.
- that the methods used to put down opposition involving flagrant disregard of human rights, constitute a violation of the UN Charter, the Hungarian Peace Treaty of 1947 and the Geneva Conventions of 1949.
- that the introduction of special tribunals and summary procedure has deprived the accused of fundamental rights of defence.
2. The International Commission of Jurists has collected information from Hungarian sources which shows that the system of legal repression in Hungary is continuing and increasing.”
The report contains sections on the legal policy of the Kadar regime, new legislation dealing with political offenders, trials published by the Hungarian authorities.
With appendices:
- Decree-Law Nr. 25/1957 concerning the setting up of the People’s Chamber of the Supreme Court and the regulation of its procedure;
- Ordinance no. 1/1957 concerning expulsion and the placing of persons under police control
- information on sentences under summary jurisdiction between 27 February and June 1957, as published in Hungarian sources
Hungary-continuing challenge rule of law-thematic report-1957-eng (full text in English, PDF)
Hungary-continuing challenge rule of law-thematic report-1957-fra (full text in French, PDF)
