FOURTH SECTION
DECISION
Application no. 10263/16
István BALOGH against Hungary
and 4 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 30 January 2020 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Georges Ravarani,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and their representatives is set out in the appended table.
The applicants’ complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Hungarian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under Article 5 § 4 of the Convention.
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Hungary in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 20 February 2020.
Liv TigerstedtStéphanie Mourou-Vikström
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 5 § 3 of the Convention
(excessive length of pre-trial detention)
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
Representative’s name and location
Other complaints under well-established case-law
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage and costs and expenses
per applicant
(in euros)[i]
10263/16
08/02/2016
István BALOGH
15/10/1987
Simonffy György
Hódmezővásárhely
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - The applicant was not provided with the evidence substantiating the reason for the ordering of his pre-trial detention.
27/11/2019
25/11/2019
3,800
22111/16
08/04/2016
László FÜRI
07/02/1960
Simonffy György
Hódmezővásárhely
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - The applicant complains that the courts did not conduct a proper balancing test when prescribing the pre-trial detention.
27/11/2019
19/12/2019
3,800
8273/17
16/01/2017
Richárd PINTÉR
01/12/1978
Kádár András Kristóf
Budapest
02/12/2019
04/12/2019
6,600
22298/19
16/04/2019
András JANKÓ
26/08/1988
Karsai Dániel András
Budapest
16/12/2019
18/09/2019
4,300
25710/19
06/05/2019
István LACKO
07/11/1968
Karsai Dániel András
Budapest
05/12/2019
26/09/2019
3,500
[i]. Plus any tax that may be chargeable to the applicants.
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