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This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
The European Court of Human Rights (Second Section), sitting as a Chamber composed of:
The case originated in an application (no. 47940/99) against the Republic of Hungary lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Hungarian national, Mr Sándor Balogh (“the applicant”), on 8 April 1999.
The applicant was represented by Mr I. Furmann, a lawyer practising in Miskolc, who also assists “the Legal Defence Bureau for National and Ethnic Minorities” (hereafter the “NEKI”). The Hungarian Government (“the Government”) were represented by their Agent, Mr L. Höltzl, Deputy State-Secretary, Ministry of Justice.
The applicant alleged that he had been ill-treated by the police and that the investigation into his complaint of ill-treatment was ineffective, in breach of Article 3 of the Convention. Moreover, he complained under Article 6 § 1 of the Convention that he did not have access to an independent and impartial tribunal, nor to an effective remedy, contrary to Article 13 of the Convention. Lastly, he submitted under Article 14 read in conjunction with Articles 3 and 13 that he was discriminated against on account of his Roma origin.
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