Balogh v Hungary

20 July 2004

Facts: A Hungarian citizen of Romani origin was interrogated by police regarding fuel vouchers he had allegedly stolen. The applicant alleged that during the interrogation, the officers repeatedly slapped him across the face and ear and punched him on the shoulder. His left ear drum was seriously damaged and his working capacity reduced due to his impaired hearing. Criminal proceedings were discontinued on the grounds that it was impossible to determine when the injuries had been inflicted.

Art. 3 (right to be free from inhumane treatment): violation

The Court found that the injury suffered by the applicant was sufficiently serious and declared that "where an individual is taken into police custody in good health but is found to be injured at the time of release, it is incumbent on the State to provide a plausible explanation of how those injuries were caused." The court held that the, authorities failed to provide a plausible explanation for the cause of the applicant's injury.

The full text of the decision is available HERE.