Communicated on 12 November 2020
Published on 30 November 2020
FIRST SECTION
Application no. 47596/19
Pál BANYA against Hungary
and 5 other applications
(see list appended)
SUBJECT MATTER OF THE CASE
The applications concern the applicants’ conviction to life imprisonment and the fact that their mandatory pardon proceedings can take place only after having served forty years. The applicants allege a breach of Article 3 of the Convention.
Mr Bánya was sentenced to life imprisonment for murder by the Budapest Court of Appeal on 26 June 2019. His complaint lodged with the Constitutional Court is still pending.
Mr Ráduly was sentenced to life imprisonment for murder by the Debrecen Court of Appeal on 24 September 2013.
Mr Georgiev was sentenced to life imprisonment on 20 June 2019 by the Szeged Court of Appeal for trafficking in human beings, murder and causing grievous bodily harm.
Mr Kabai was found guilty of murder, animal cruelty and theft on 25 April 2012 by the Debrecen Court of Appeal and was sentenced to life imprisonment.
Mr Szurdok was found guilty of murder and sentenced to life imprisonment by the Debrecen Court of Appeal on 16 September 2010.
Mr Tóth was found guilty of murder, attempted murder and attempted rape and sentenced to life imprisonment by the Szeged Court of Appeal on 10 February 2012.
QUESTION TO THE PARTIES
Have the applicants been deprived of any real prospect of release and thus potentially subjected to inhuman punishment, in breach of Article 3 of the Convention, in view of the fact that they will not be eligible for the mandatory pardon proceedings before having served forty years of imprisonment (see T.P. and A.T. v. Hungary, nos. 37871/14 and 73986/14, 4 October 2016)?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Represented by
1
47596/19
Bánya v. Hungary
26/08/2019
Pál BÁNYA
1984
Dániel András KARSAI
2
54087/19
Ráduly v. Hungary
09/10/2019
Zsolt Gyula RÁDULY
1974
Dániel András KARSAI
3
2614/20
Georgiev v. Hungary
19/12/2019
Metodi Ivanov GEORGIEV
1986
Dániel András KARSAI
4
5882/20
Kabai v. Hungary
16/01/2020
Csaba KABAI
1973
Dániel András KARSAI
5
13518/20
Szurdok v. Hungary
04/03/2020
János SZURDOK
1983
Dániel András KARSAI
6
13783/20
Tóth v. Hungary
06/03/2020
István TÓTH
1966
Dániel András KARSAI
Full & Egal Universal Law Academy