Avenue de l'Europe
Kmetty v. Hungary 
| 2003
[Ágoston Kmetty] said he knew from the beginning that he would win [the case], as he was representing the collective interest when he became a victim of police brutality that seriously violated the rule of law.
Ágoston Kmetty was a trader in Budapest Market Hall. During a bomb scare in the market, he was detained by police - allegedly for failing to obey their orders. According to Mr Kmetty, he was then taken to the police station and beaten by policemen for about three hours. No charges were brought against any officers in relation to the incident, on the basis that there had been insufficient evidence of wrongdoing.
The European court held that the prosecutor had never properly investigated the incident – refusing even to question any of the officers allegedly involved. This violated Mr Kmetty’s right to have his allegation of ill-treatment properly investigated.
Legal changes mean that, if a prosecutor refuses to properly investigate a crime, the victim now has the opportunity to refer the case to court to have it investigated. A court may only uphold a prosecutor’s decision not to investigate if it gives proper reasons for doing so.
Hans Moor was exposed to asbestos during his work in the 1960s and 70s. This gave him cancer, which was diagnosed in 2004. Hans Moor died in 2005, aged 58. Just before his death, Mr Moor had brought a claim for damages against his former employer for failing to take precautions against exposure to asbestos. The claim was continued by his wife and children.
Mrs Airey wanted to be legally separated from her husband, who was allegedly a violent alcoholic. However, there was no legal aid and she could not afford the lawyers’ fees. The European Court of Human Rights ruled that the lack of legal aid effectively denied Mrs Airey access to a court, breaching her basic rights. Legal aid for such cases was introduced in Ireland in the following year.
David Norris suffered from anxiety attacks and depression after realising that any open expression of his homosexuality could lead to a criminal prosecution. The European court ruled that the criminalisation of his sexuality breached his basic rights. In 1993, this led to the full legalisation of homosexual acts between consenting adults under Irish law.
Hungary
Switzerland
Ireland