Published on 25 August 2025
SECOND SECTION
Application no. 37836/23
Aladar KARDOS-VILLÁNYI
against Hungary
lodged on 28 September 2023
communicated on 8 August 2025
SUBJECT MATTER OF THE CASE
The application concerns the alleged ill-treatment of the applicant by the police and the lack of an effective investigation into the incident.
Criminal proceedings on charges of armed robbery were instituted against the applicant. On 28 November 2018, at 10.40 a.m., the police committed him to a police station in Szombathely where he was held until 17.12 p.m. During this time, the applicant allegedly could not leave the police’s bureau, not even for the toilet. He had to sit on a chair handcuffed and with his arms tied back, was not given water or food, his family members were not notified about his whereabouts, and he was insulted and threatened by a police officer.
In 2022 criminal proceedings were instituted concerning the alleged ill‑treatment following the applicant’s criminal complaint. After a first round of investigation, in resumed proceedings, on 17 March 2023 the Győr Investigative Prosecution Office discontinued the proceedings, following the hearing of the applicant. It held that the commission of the alleged offence could not be established on the basis of the available information and evidentiary means. On 23 May 2023 the Central Investigative Prosecution‑General Office dismissed the applicant’s complaint against the decision. The final decision was served on the applicant on 30 May 2023.
The applicant complains under Article 3 of the Convention that he was subjected to ill-treatment by police officers in custody. Relying on Article 13 of the Convention he further argues that he had no effective remedy concerning the violation of his rights committed by public officials.
QUESTIONS TO THE PARTIES
1. Has the applicant been subjected to inhuman or degrading treatment in custody by the police, in breach of Article 3 of the Convention (see Kmetty v. Hungary, no. 57967/00, § 32, 16 December 2003)?
2. Having regard to the procedural protection from inhuman or degrading treatment (see Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000-IV, and Bouyid v. Belgium [GC], no. 23380/09, §§ 114-23, ECHR 2015), was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention?