FIRST SECTION
DECISION
Application no. 19234/22
István BARÁTH against Hungary
and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 9 March 2023 as a Committee composed of:
Alena Poláčková, President,
Gilberto Felici,
Raffaele Sabato, 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. 34886/22 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 30 March 2023.
Attila Teplán Alena Poláčková
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]
19234/22
12/04/2022
István BARÁTH
1970
Karsai Dániel András
Budapest
20/09/2022
28/10/2022
3,500
21639/22
26/04/2022
Róbert KOHUT
1991
Karsai Dániel András
Budapest
20/12/2022
09/11/2022
4,000
24356/22
09/05/2022
Richárd László KÉZAI
1972
Kiss Dániel Bálint
Budapest
30/11/2022
23/09/2022
3,800
28024/22
30/05/2022
Márk PUSOMAI
1996
Kiss Dániel Bálint
Budapest
16/01/2023
07/11/2022
3,300
31136/22
15/06/2022
Tibor József ISTVÁNKÓ
1969
Kiss Dániel Bálint
Budapest
07/12/2022
02/11/2022
3,600
33522/22
30/06/2022
Géza BERKI
1979
Karsai Dániel András
Budapest
20/12/2022
20/01/2023
2,600
34886/22
04/07/2022
János LAKATOS
1988
Szabó Gábor
Göd
Art. 5 (4) - excessive length of judicial review of detention - The 1-year obligatory review of the applicant’s detention was unreasonably delayed.
20/12/2022
09/11/2022
4,100
35669/22
15/07/2022
Péter Antal ENGI
1962
Bene Zoltán
Szeged
06/12/2022
26/10/2022
1,700
38174/22
22/07/2022
József PECZEK
1990
Karsai Dániel András
Budapest
16/01/2023
08/12/2022
3,600
38266/22
25/07/2022
Bianka KOLOMPÁR
1999
Kiss Dániel Bálint
Budapest
16/01/2023
07/11/2022
3,900
[1] Plus any tax that may be chargeable to the applicants.