CASE OF CSÁSZY v. HUNGARY
Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life;Respect for private life)
András Sajó;Egidijus Kūris;Guido Raimondi;Helen Keller;Jon Fridrik Kjølbro;Nebojša Vučinić
5. The applicant was born in 1965 and lives in Budapest. 6. At 8.04 a.m. on 31 August 2010 the applicant was apprehended at his home and a house search was conducted on the premises until 11.12 a.m. During this time, the applicant told the officers that he intended to attend a funeral later that day. He submits that his request was “unofficially” dismissed at once. The Government denied this allegation. 7. On completion of the house search, the applicant was committed to the offices of the Central Investigating Prosecutor’s Office, about seven kilometres away from the cemetery in question. 8. From 1.35 p.m. onwards the applicant was interrogated as a suspect of attempted misappropriation of funds. At the beginning of the procedure, he formally requested that the authorities allow his attendance at his stepmother’s funeral which took place on the same day, at 2.15 p.m. The request was rejected with the reasoning that its granting would have contravened the purpose of the arrest. The interrogation ended at 2.29 p.m. on the same day. 9. The applicant then complained to the Attorney General. That office rejected the complaint on 10 September 2010, pointing out that the relevant decree did not allow as such for arrestees – as opposed to those in pre-trial detention – to attend funerals, for which reason the refusal of his request had been lawful.