Hungary: ERRC demands independent investigation of death of 40-year-old Romani man who died during police intervention

After a car chase and subsequent scuffle with police officers, the 40-year-old Romani man fell unconscious. Emergency medical technicians called to the scene were unable to revive him.

The incident transpired on 22 December 2024, when police noticed Mr. Zsákai driving a car; they already knew he did not have a valid driver’s license. They attempted to stop him by using their lights and siren; not only did he not stop, he accelerated away from them.

Mr. Zsákai then ran the car into a concrete barrier. After the crash he exited the car and fled on foot.

In CCTV footage published by the Tények television station, one can hear a police officer shout “Stop, you motherf&*^er!” The officers then pursued Mr. Zsákai and handcuffed him.

Next, one can hear Mr. Zsákai shouting: “I’m sick, I can’t bear it”, to which the officers respond: “Give me your hand!” Mr. Zsákai then collapses and the officers try to revive him.

Police claim that Mr. Zsákai died during an intervention that was both lawful and standard. Mr. Zsákai’s relatives, however, disagree and are demanding that an independent expert investigate the circumstances of his death.

Their call has been joined by local Romani organizations seeking a public, transparent investigation of the whole case. According to the complaint filed by the ERRC, there are serious concerns that the police used disproportionate, unnecessarily heavy force against Mr. Zsákai.

The ERRC also points out that the principle of proportionality may therefore have been violated under both Hungarian and international law. The ERRC is demanding the independent, thorough investigation of the case and also reminding the Hungarian state of its obligation to investigate deaths caused by state agents and to take all of the steps required to reveal any possible racist motivation and ascertain whether ethnic hatred or prejudice played a role in these events.

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According to the complaint filed by the ERRC, the police statement that the intervening officers acted lawfully and that their actions had nothing to do with Mr. Zsákai’s death was premature and raises doubts about the impartiality and independence of their investigation of the incident. The ERRC believes the case must be investigated by an independent body, not the very same local police unit whose officers were involved in the intervention at issue.

The ERRC also considers it disturbing that the officers involved have not been suspended while the investigation takes place. For that reason, the ERRC has called for the effective, independent investigation of the police procedure, one that meets all the criteria of both Hungarian and international law.

That investigation should also include all of the steps necessary to assess whether the intervention by police was or was not motivated by racist bias or prejudice. The European Court of Human Rights (ECtHR) in Strasbourg is currently reviewing a similar case from the Czech Republic when Mr. Stanislav Tomáš died during a police intervention in 2021.

That incident, which was reminiscent of the murder of George Floyd in the USA, sparked a wave of both domestic and international criticism, including accusations that the Czech authorities’ approach to the investigation of the incident was inadequate and that racism was a factor. With the support of the ERRC and the Forum for Human Rights, the family of Mr. Tomáš turned to the ECtHR for justice.

In early 2024, the ECtHR called on the Czech Republic to express its opinion on the case. The court asked the Czech state whether the police had or had not violated Mr. Tomáš’s right to life and whether the behavior of the police officers was or was not motivated by racism.

The Czech state claims the intervention by the police officers was proportionate.