FIRST SECTION
DECISION
Application no. 35352/23
Csaba László DANYI against Hungary
and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 19 September 2024 as a Committee composed of:
Krzysztof Wojtyczek, President,
Lətif Hüseynov,
Erik Wennerström, 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 some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
The Court received 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 10 October 2024.
Attila Teplán Krzysztof Wojtyczek
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]
35352/23
11/09/2023
Csaba László DANYI
1980
Frank Evelyn
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings.
Art. 6 (1) - excessive length of criminal proceedings - Criminal proceedings have been ongoing since 26/11/2020,
at one level of jurisdiction.
04/07/2024
27/03/2024
5,200
37975/23
03/10/2023
Levente JANCSÓ
1995
Kiss Dániel Bálint
Budapest
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - Significant delays or irregularities in the judicial review of his pre-trial detention, as his detention was last subject to judicial review on 22/02/2023 acting as a second instance court and upholding the first instance decision on his detention’s prolongation.
21/06/2024
29/04/2024
4,900
37976/23
05/10/2023
László ERDÉLYI
1975
Frank Evelyn
Budapest
07/05/2024
21/06/2024
4,600
40724/23
07/11/2023
Ferenc József LIKAVCSÁN
1954
Kiss Dániel Bálint
Budapest
04/07/2024
27/03/2024
5,100
42770/23
21/11/2023
Milán Balázs BUDAI
1983
Kiss Dániel Bálint
Budapest
19/06/2024
03/04/2024
3,800
1282/24
08/12/2023
Róbert LAKATOS
1976
Frank Evelyn
Budapest
04/07/2024
18/04/2024
3,900
3305/24
24/01/2024
Veronika LAKATOS
1997
Kiss Dániel Bálint
Budapest
04/07/2024
09/04/2024
4,000
4403/24
01/02/2024
Tarek ZAGDOUDI
1982
Kiss Dániel Bálint
Budapest
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - The Budapest Court of Appeal failed to carry out the ex officio judicial review of the grounds of the applicant’s continued arrest after 1 year.
25/07/2024
10/07/2024
4,000
4853/24
01/02/2024
László HORVÁTH
1955
Frank Evelyn
Budapest
29/07/2024
18/07/2024
3,900
4868/24
01/02/2024
Elfitouri DBIRA
1978
Kiss Dániel Bálint
Budapest
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - The Budapest Court of Appeal failed to carry out the ex officio judicial review of the grounds of the applicant’s continued arrest after 1 year.
25/07/2024
03/05/2024
4,000
[1] Plus any tax that may be chargeable to the applicants.