FIRST SECTION
DECISION
Application no. 44750/20
Gerben Jelmer DOORNBOSCH
against Hungary
(see appended table)
The European Court of Human Rights (First Section), sitting on 9 September 2021 as a Committee composed of:
Erik Wennerström, President,
Lorraine Schembri Orland,
Ioannis Ktistakis, judges,
and Attila Teplán, Acting Deputy Section Registrar,
Having regard to the above application lodged on 23 September 2020,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
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. Kiss, 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”). Complaints based on the same facts were also communicated under other provisions of the Convention.
THE LAWComplaints 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 case.
In particular, the Court notes that the proceedings lasted less than four years for two levels of jurisdiction.
In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.Remaining complaint
The applicant also raised a complaint under Article 13 of the Convention concerning the lack of any effective remedy for his complaint about the length of the proceedings.
The Court observes that the applicant’s complaint under Article 6 § 1 of the Convention is inadmissible within the meaning of Article 35 § 3 of the Convention. It follows that he has no “arguable claim” of a violation of his rights under Article 6 § 1 for the purposes of Article 13 of the Convention.
It follows that this part of the application is incompatible ratione materiae with the provision of the Convention within the meaning of Article 35 § 3 (a) and must be rejected, in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 30 September 2021.
signature_p_1} {signature_p_2}
Attila Teplán Erik Wennerström
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(excessive length of criminal proceedings)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
Other complaints under
well-established case-law
44750/20
23/09/2020
Gerben Jelmer DOORNBOSCH
1994
Kiss Dániel Bálint
Budapest
22/07/2017
17/06/2021
3 year(s) and 10 month(s) and 27 day(s)
2 level(s) of jurisdiction
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
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