1987. április (33-52. szám) / HU_BFL_XIV_47_2

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24/D littl« RmkcII Street, LONDON, WC.i T'I.Ol-W H 24 ■ G. Kr qss.6

46/1987 /E/ 22nd April, 1987

The Detained Zsolt Keszthelyi’s Stand fór the Assurance of Freedom of Conscience

Zsolt Keszthelyi held in custody since 25 February, whose trial has been set fór 27th April, addressed a petition to the Military Court and Prosecutor’s Office and succeeded in getting a copy out of the prison. The text of the petition runs as follows:

"I propose to the court and request the prosecutor’s office to suspend their own procedure on the grounds of the I, Act 1984 and initiate the procee- dings of the Council of Constitutional Law conceming the following unconstitu- tional statutes:

/l/ Against those departmental orders offending paragraphs 6l, 63 and 77 of the Constitution, which make possible unarmed military service only on the grounds of negative diserimination regarding religious denomination. These diseriminative decrees are alsó contrary to paragraph 156 of the Penal Code as well as to the statutes of the VIII. Act 1976.

/2/ Against the ministerial preamble of paragraph 336 of the Penal Code which rejects the constitutional right to freedom of conscience in relation to the universal conscription. Paragraph 77 of the Constitution , namely, declares the observance of constitutional principles to be compulsory to every organs, which perforce implies the assertion of the freedom of conscience. The Constitution treats universal conscription (paragraph 70) and freedom of conscience (paragraph 63) equally. The abovementioned ministerial preamble, how- ever, enforces paragraph 70 to the detriment of paragraph 63 and 77*

I remind the court that according to the I. Act 1984 it has the right and alsó the duty to initiate the constitutional proceeding. As the court speaks about civic duties I may well eipect nőt to forget its own duties, because if it did so, it would piacé itself above the law. I request to take down my proposal on record and in the case of a possible rejection alsó to record sufficient reasons fór it. i insist on the observance of this rule of pro- cedure.M

Zsolt Keszthelyi alsó refuses to do labour service (service at the "auxiliary engineering corps"), because it can be used fór active participátion in fighting a war, and demands the licensing of altemative civilian service (nursing, fire-fighting, etc.)

Antal Bogád, a Budapest telegraph-messenger, addressed a letter on 22 April in the name of the VOX HUMANA Circle to the Supreme Prosecutor's Office, in which he demands the release of Zsolt Keszthelyi and the dropping of the charges brought against him, referring to the freedom of conscience assured by the Hungárián Constitut ion and to the Hungárián undertaking of obligations incor- porated in the Helsinki final document. He alsó cites as instance the UN Humán Rights Committee's resolution passed in Geneva 13 Marcit this year, which declares the rejecting of military service on grounds of conscience to be part of the freedom of conscience and calls upon every country to respect the freedom of conscience.