Resolution CM/ResDH(2012)192[1]
Károly Hegedűs against Hungary
Execution of the judgment of the European Court of Human Rights
(Application No. 11849/07, judgment of 03/11/2011, final on 03/02/2012)
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 violations established (see document DH-DD(2012)1027E);
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)1027E);
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.
Action Report of 5 November 2012
Appl. No. 11849/07
Károly Hegedus v. Hungary judgment of 03/11/2011
Introductory case summary
The Court found violation of the applicant’s right to a fair trial due to the excessive length of criminal proceedings of over fourteen years (Article 6 § 1) and violation of his right to peaceful enjoyment of his possessions due to the attachment of his assets throughout almost the entire period of time (Article 1 of Protocol No. 1); the applicant regained the right of disposal over these assets when he was finally acquitted in September 2006.
I. Payment of just satisfaction and individual measures
Just satisfaction for non-pecuniary damage sustained (19,000 EUR) as well as for costs and expenses (2,300 EUR) was paid to the applicant on time (Sum due: 21,300 EUR; Payment deadline: 03/06/2012; Date of payment: 25/04/2012; Amount paid: 6,360,180 HUF; Exchange rate: 298.60). No further individual measures were considered necessary, because the applicant regained the right of disposal over his assets in September 2006.
II. General measures
The judgment has been published on the website of the Government (see: ) and was sent to the National Office of the Judiciary and the Attorney General for dissemination amongst the judicial and prosecution authorities.
It is recalled that the issues relating to violations of Article 6 due to the excessive length of proceedings are examined by the Committee of Ministers within the context of the Tímár group of cases.
As regards the violation of the right to peaceful enjoyment of possessions (Article 1 of Protocol No. 1), it should be noted that the origin of this violation is to be found in the excessive length of the criminal proceedings. For the duration of the criminal proceedings, the applicant was prohibited from alienating his assets in order to secure the eventual recovery of the gain from the alleged crime. The Court did not call into question the measure of freezing the applicant’s assets in itself but only insofar as it lasted too long and thereby upset the balance between the individual interest of the applicant and the requirements of the general interest (see § 26 of the judgment). The general measures required in this respect are thus identical with those to address the general problem of the excessive length of judicial proceedings (see above).
III. Conclusions of the respondent state
The Government considers 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, 5 November 2012
Zoltán Tallódi
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.
Full & Egal Universal Law Academy