Communicated on 2 October 2019
FOURTH SECTION
Application no. 7329/16
Péter MATA
against Hungary
lodged on 29 January 2016
SUBJECT MATTER OF THE CASE
The applicant, of Roma origin, was arrested together with a family member for public nuisance and for having resisted police measures. He was taken to a police station in a police car during which he was insulted because of his Roma origin and physically assaulted by the officers.
The applicant’s criminal complaint against the officers was dismissed in essence on the ground that it could not be established whether the force used against him was due to his resistance or was unjustified. Although the domestic authorities acknowledged the verbal insults made against the applicant, they held that these were not racially biased but merely constituted an expression of emotions.
The applicant alleges a violation of Article 3 under its substantive and procedural limb, taken alone and in conjunction of Article 14.
QUESTIONS TO THE PARTIES
1. Was the applicant subjected to inhuman or degrading treatment, in breach of Article 3 taken alone and, given the allegation of racist motives, taken in conjunction with Article 14 of the Convention?
2. Was the investigation adequate for the purposes of Article 3 taken alone and in conjunction with Article 14, also with regard to exploring the potential racist motives (see Abdu v. Bulgaria, no. 26827/08, § 29, 11 March 2014)?
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