Published on 19 February 2024

FIRST SECTION

Application no. 46201/21 Józsefné LIMP against Hungary lodged on 7 September 2021 communicated on 1 February 2024

SUBJECT MATTER OF THE CASE

The application concerns the applicant’s alleged ill-treatment during her arrest by the police and the ineffectiveness of the ensuing criminal investigation.

The 64-year-old applicant was arrested on 5 May 2019, following her reluctance to comply with traffic police instructions and an ensuing car chase. After stopping her vehicle, as she resisted, two police officers forcibly removed her from the car and handcuffed her. While she was forced out of the car, she suffered injuries such as fracture of the left humerus, dislocation of the left shoulder and fracture of the right elbow. Her left arm was operated on the same day. An expert opinion issued seven months later stated that the police intervention resulted in permanent disability and severe deterioration in the applicant’s health, on account of the impaired function of the arms.

The applicant submitted a criminal complaint against the officers on 24 May 2019. The prosecutor’s office opened an investigation into ill ‑ treatment committed in official proceedings and battery resulting in permanent disability or serious health impairment. The investigation was discontinued on 1 October 2020 with the conclusion that the intervention was necessary and proportionate. The applicant lodged a complaint with the Attorney General’s Office, but it was rejected on 8 March 2021.

She complains under Article 3 of the Convention that the abuse she suffered at the hands of the police amounted to torture and that the investigative authorities failed to conduct an effective investigation into her allegations.

QUESTIONS TO THE PARTIES

1. Has the applicant been subjected to inhuman or degrading treatment during her arrest by the police, in breach of Article 3 of the Convention (see Réti and Fizli v. Hungary, no. 31373/11, §§ 33-34, 25 September 2012)?

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), was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention?