FIRST SECTION
DECISION
Application no. 49592/22
Krisztina BANKÓ against Hungary
and 7 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 28 September 2023 as a Committee composed of:
Krzysztof Wojtyczek, President,
Lətif Hüseynov,
Ivana Jelić, judges,
and Attila Teplán, 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 application no. 49592/22, complaints based on the same facts were also communicated under other provisions of the Convention.
The Court received the friendly-settlement declarations, signed by the parties, 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 converted into the currency of the respondent State at the rate applicable on the date of payment, and 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 19 October 2023.
Attila Teplán Krzysztof Wojtyczek
Acting Deputy Registrar President
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
Year 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 pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
49592/22
11/10/2022
Krisztina BANKÓ
1984
Karsai Dániel András
Budapest
Art. 5 (4) - excessive length of judicial review of detention - The detention review was carried out with a delay of 2.5 months.
18/05/2023
27/02/2023
3,900
49930/22
04/10/2022
Osman GÖH
1979
Zsigmond György
Budapest
31/05/2023
30/03/2023
3,900
1405/23
21/12/2022
Klaudia HÁBERSDORFER
1987
Schill Szabolcs
Budapest
31/05/2023
16/02/2023
4,000
2534/23
30/12/2022
Tamás VARGA
1969
T. Tóth Balázs
Budapest
03/08/2023
21/07/2023
3,900
7794/23
01/02/2023
József POCZKODI
1975
Kiss Dániel Bálint
Budapest
30/08/2023
18/07/2023
3,900
8633/23
06/02/2023
Sándor BALOGH
1965
Kiss Dániel Bálint
Budapest
14/07/2023
19/06/2023
3,900
10991/23
24/02/2023
Gábor SCHALLI
1966
Kiss Dániel Bálint
Budapest
17/07/2023
28/06/2023
3,900
14587/23
27/03/2023
Brigitta ÖKRÖS
1988
Kiss Dániel Bálint
Budapest
06/07/2023
28/06/2023
3,600
[1] Plus any tax that may be chargeable to the applicants.