Resolution CM/ResDH(2012)188[1]
Darvas against Hungary
Execution of the judgment of the European Court of Human Rights
(Application No. 19547/07, judgment of 11/01/2011, final on 11/04/2011)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
Having regard to the final judgment transmitted by the Court to the Committee in the above case and to the violation established (see document DH-DD(2012)877E);
Recalling that the respondent State’s obligation under Article 46, paragraph 1, of the Convention to abide to by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with its above-mentioned obligation;
Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2012)877E);
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
Final Action Report of 21 March 2012
Appl. No. 19547/07
Darvas v. Hungary judgment of 11/01/2011
Introductory case summary
The Court found violation of Article 5 § 1 of the Convention because of the manner in which the question of prolongation of the applicant’s pre-trial detention was dealt with by the courts. The Court held that there had been unjustified pre-trial detention of the applicant from 10/08/2006 at the latest until his release on bail on 30/11/2006 because the underlying reasons were not supported by adequate factual elements.
I.Payment of just satisfaction and individual measures
Just satisfaction for non-pecuniary damage sustained was paid to the applicant on time. No further individual measures were considered necessary, because the applicant was released from pre-trial detention on 30/11/2006.
II.General measures
The judgment has been published on the website of the Government () and was sent to the Office of the National Council of the Judiciary.
It should be recalled that the general measures with a view to ensuring that specific reasons are provided for decisions ordering detention on remand were already adopted in the context of the cases of Imre, Maglódi, Csáky and Bárkányi against Hungary (see Resolution CM/ResDH(2011)222).
III. Conclusions of the respondent state
The Government consider that the measures adopted have fully remedied the consequences for the applicant of the violation found by the Court in this case and that Hungary has thus complied with its obligations under Article 46, paragraph 1 of the Convention.
Budapest, 21 March 2012
Zoltán Tallódi
Co-Agent for the Government of Hungary
[1] Adopted by the Committee of Ministers on 6 December 2012 at the 1157th Meeting of the Ministers’ Deputies.
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