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If we do not consider that there is jurisdictional immunity, we initiate a self-referral procedure

Csaba Asztalos, head of the National Council for Combating Discrimination (CNCD), announced that he would have initiated a self-referral procedure regarding the statements made by Hungarian Prime Minister Viktor Orban at Băile Tușnad if he had not benefited from jurisdictional immunity, according to international law.

“I personally, if I did not consider that there is jurisdictional immunity, I would initiate a self-referral procedure in my capacity as a member of the board of directors”, Csaba Asztalos wrote on his Facebook account on Saturday.

He explained in the post why he believes that the Prime Minister of Hungary cannot be subject to a possible sanction from the Council, given that he is the head of government and international law gives him jurisdictional immunity.

The head of the CNCD responded to Radu Carp, a university professor appointed by the Parliament to the PNL proposal in the board of directors of TVR, who had accused him in another post of deliberately misleading public opinion and asked him to resign.

“The statement of Mr. professor Carp, according to which I would have been in solidarity with Orbán Viktor, I qualify them as manipulation, an extremely serious accusation against me, an incitement to hatred against my person, just because I am an ethnic minority, and I am not willing to undergo tests of loyalty. I did not pronounce on the background of the Hungarian Prime Minister’s statements, for the following reasons:
– I represent a public institution of the Romanian state;
– the Hungarian Prime Minister’s statements constitute a problem of foreign relations, Romania’s foreign policy, and
– according to the Romanian Constitution, competence in foreign policy rests with the president of the state, the government through the Ministry of Foreign Affairs, so in this case not CNCD. The institutions mentioned above have spoken, clearly expressing the position of the Romanian state.
The fact that we have publicly expressed a legal opinion on the admissibility of a complaint against a foreign head of state, who has committed a possible act of discrimination (possible because we have not ruled on the merits), does not mean that those who wish cannot file a complaint with the CNCD. On the contrary. If they do, the first analysis will be that of exceptions (jurisdiction, jurisdictional immunity, etc.). So, anyone can file a complaint on the Hungarian Prime Minister’s statements in this case”, wrote Csaba Asztalos.

Context. Hungary’s far-right prime minister, Viktor Orbán, went on a rampage last Saturday at Băile Tușnad against the “mixing” of European and non-European races. “We (Hungarians) are not a mixed race … and we don’t want to become a mixed race,” Orbán said. He added that countries where Europeans and non-Europeans mix are no longer “nations”.

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