Communicated on 22 October 2019

FOURTH SECTION

Application no. 40246/19 János LÓZAY against Hungary lodged on 22 July 2019

SUBJECT MATTER OF THE CASE

The application concerns use of force by the police against the applicant resulting in injuries and the lack of an effective investigation into the incident.

On 28 July 2017, the applicant was asked by the police to leave a restaurant after closing. The applicant allegedly acted aggressively towards the officers. As a result, the police officers forced him to the ground, handcuffed him and took him to the local police station. The applicant suffered minor bodily injuries.

The applicant submitted a criminal complaint against the officers on 22 December 2017 for the alleged atrocities he suffered at the hands of the police.

On 17 December 2018, the first instance prosecutor ’ s office rejected the criminal complaint of the applicant and discontinued the investigation. This decision was delivered to the applicant on 7 January 2019.

The applicant lodged a complaint with the Advocate General ’ s office which also rejected his complaint on 24 January 2019 (delivered on 28 January 2019).

QUESTIONS TO THE PARTIES

1. Has the applicant been subjected to inhuman or degrading treatment in the course of his arrest by the police, in breach of Article 3 of the Convention (see Borbála Kiss v. Hungary , no. 59214/11, 26 June 2012)?

2. Having regard to the procedural protection from inhuman or degrading treatment (see Labita v. Italy [GC], no. 26772/95, ECHR 2000 ‑ IV), was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention?