FOURTH SECTION
DECISION
Application no. 52602/17
Mikhail Andreevich CHUMAKOV
against Hungary
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 29 August 2019 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Georges Ravarani,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 14 July 2017,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr D. Ábrahám, a lawyer practising in Budapest.
The applicant’s complaints under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communicated to the Hungarian Government (“the Government”).
THE LAW
Complaints under Article 6 § 1 of the Convention (excessive length of criminal proceedings)
In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the respondent Government cannot be held liable for the protraction of the proceedings.
In particular, the Court notes that the domestic courts recognised the undue length of the trial and took this element into account, when sentencing the applicant, as an important mitigating factor at both first and second instance. In these circumstances, the Court is satisfied that the violation of the applicant’s Convention rights has been expressly acknowledged and adequately redressed. Consequently, the applicant can no longer claim to be a victim for the purposes of Article 34 of the Convention.
In view of the above, the Court finds that these complaints are incompatible ratione personae with the provision of the Convention and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 19 September 2019.
Liv TigerstedtStéphanie Mourou-Vikström
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(excessive length of criminal proceedings)
Application no.
Date of introduction
Applicant’s name
Date of birth
Representative’s name and location
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
52602/17
14/07/2017
Mikhail Andreevich Chumakov
01/03/1961
Ábrahám Dániel
Budapest
17/08/2013
14/11/2018
5 year(s) and 2 month(s) and
29 day(s)
2 level(s) of jurisdiction
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