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Shahzad v. Hungary (No. 2) – 37967/18

Country Hungary
Court ECtHR
Relevant Law Article 3
Year 2023
Found for Applicant

The applicant, Khurram Shahzad, is a Pakistani national who was born in 1986 and, according to the most recent information available, lives in Dubai (United Arab Emirates). Mr Shahzad, an asylum-seeker, crossed into Hungary via Serbia in August 2016 by cutting the border fence. The case concerns his allegation that he was ill-treated by the Hungarian border police when being escorted back to Serbia. Relying on Article 3 (prohibition of inhuman or degrading treatment), Mr Shahzad alleged that he was punched, kicked and beaten with batons and a metal rod during his forced removal, submitting a medical report issued a few hours later by a Serbian hospital certifying that he had two head wounds and bruises all over his body. He also alleges under Article 3 that the investigation into his criminal complaint was ineffective, in particular because the authorities failed to interview him at any point or to re-interview the police officers involved in the incident who had made contradictory
statements. The Court found that there had been a violation of Article 3 with regard to its substantive and procedural aspects.