Kuria decision in Ahmed H’s case

The Kuria, Hungary’s supreme court, has declared unlawful a Szeged appeals court’s dismissal of the first-instance ruling and order of a new trial in the case of Ahmed H, a Syrian national convicted under terrorism charges in connection with a mass disturbance at the Roszke border crossing in 2015.

The Kuria said its Tuesday decision would not affect the ongoing case, describing its ruling as a procedural matter for future reference.

The chief public prosecutor turned to the Kuria this past summer requesting a review of the appeals court’s ruling. Peter Polt had argued that the appeals court could have used the second-instance procedure to make up for the shortcomings it identified in the case in its justification for dismissing the first-instance ruling.

The Kuria backed up the chief prosecutor’s arguments, declaring the appeals court’s dismissal of the first-instance ruling and order of a new trial unlawful. It said the court should have overruled the first-instance ruling on merit by making up for the shortcomings it identified in the case.

In the primary ruling passed by the Szeged court in November 2016, Ahmed H was sentenced to serve ten years in prison for terrorist activities involving illegal border crossing as well as incitement to violence in the context of a riot.

The court in southern Hungary also ruled that at least two thirds of his term must be served before permanent expulsion from the country.

As part of his conviction, Ahmed H was sentenced for using a megaphone to direct migrants who were hurling rocks at police on the Hungarian border.

The prosecution appealed for a longer prison term while the defence appealed for a dismissal of the terrorism charge and a reduced sentence in respect of the other charges.

Source and photo: MTI

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