Published on 19 February 2024

FIRST SECTION

Application no. 40805/21 Ádám SCHÖNBERGER against Hungary lodged on 2 August 2021 communicated on 1 February 2024

SUBJECT MATTER OF THE CASE

The application concerns the applicant’s ill-treatment by the police during his arrest and the authorities’ alleged failure to carry out an effective investigation into his allegations of police violence.

The applicant, a minor at the time of events, was arrested late at night on 27 October 2019. Not far from the Croatian border, the applicant was driving a car without licence plates in the company of two of his friends when they were stopped by the local police. They fled the scene by car when the police officers tried to search the vehicle on the suspicion that they were hiding illegal migrants. When the officers caught them at last hiding in a nearby stone quarry, they escorted them to the police car and handcuffed them. According to the applicant, on their way to the car, one of the police officers repeatedly kicked him all over his body. He was subsequently taken to the nearby children’s hospital where the following injuries were recorded: several abrasions all over the body, a haematoma on the right tibia and fracture of the left scaphoid bone. Two days later, a private medical examination recorded further abrasions.

The applicant submitted a criminal complaint on 30 October 2019 for the alleged ill-treatment he had suffered at the hands of the police. On 29 October 2020, the first instance prosecutor’s office discontinued the investigation. It found no evidence to prove that the applicant was assaulted by any of the police officers. Based on the expert opinion, the applicant’s injuries could have occurred either as a result of a fall or of physical abuse. The applicant’s complaint against this decision was rejected by the Attorney General on 19 January 2011.

The applicant complains under Article 3 of the Convention that he was ill-treated by the police during his arrest and that no effective investigation has been conducted into his allegations.

QUESTIONS TO THE PARTIES

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

2. Having regard to the procedural protection from inhuman or degrading treatment (see paragraph 131 of Labita v. Italy [GC] , no. 26772/95, ECHR 2000-IV ; Kmetty v. Hungar y , no. 57967/00, § 42, 16 December 2003), was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention?