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KHURRAM v. HUNGARY

Doc ref: 37967/18 • ECHR ID: 001-200399

Document date: December 16, 2019

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KHURRAM v. HUNGARY

Doc ref: 37967/18 • ECHR ID: 001-200399

Document date: December 16, 2019

Cited paragraphs only

Communicated on 16 December 2019

FOURTH SECTION

Application no. 37967/18 Shahzad KHURRAM against Hungary lodged on 2 August 2018

SUBJECT MATTER OF THE CASE

The application concerns the alleged ill-treatment of the applicant, a Pakistani migrant, by Hungarian law enforcement officers and the inadequacy of the ensuing investigations. Coming on foot from Serbia, the applicant entered Hungarian territory illegally on 11 August 2016. He was apprehended on the next day and returned to Serbia. His complaints concerning the removal to Serbia are the subject matter of another case pending before the Court (application no. 12625/17).

In particular, at about 3:25 pm on 12 August 2016, the applicant and other apprehended migrants were forcibly escorted to the Serbian side of the border by some 8-10 Hungarian officers. In the course of this operation, they were allegedly physically assaulted by the officers, who were kicking and hitting them, some using police batons. The applicant suffered various injuries, including several bruises and a bleeding head wound.

The ensuing investigation, deemed by the applicant superficial and inadequate, was ultimately terminated by the Chief Public Prosecutor ’ s Office on 9 February 2018.

QUESTIONS TO THE PARTIES

1. Has the applicant been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention?

2. Having regard to the procedural protection from inhuman or degrading treatment (see, among many authorities, Réti and Fizli v. Hungary , no. 31373/11 , § 35, 25 September 2012) , was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention?

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