FIRST SECTION
DECISION
Application no. 18346/22
Márió HÁJAS against Hungary
and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 4 May 2023 as a Committee composed of:
Alena Poláčková, President,
Gilberto Felici,
Raffaele Sabato, 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 the 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 25 May 2023.
Attila Teplán Alena Poláčková
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]
18346/22
25/03/2022
Márió HÁJAS
1994
Kiss Dániel Bálint
Budapest
Art. 5 (4) - excessive length of judicial review of detention - Several deadlines for the statutory review of the applicant’s detention order were significantly missed..
Art. 6 (1) - excessive length of criminal proceedings.
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings.
17/03/2023
20/02/2023
6,900
22501/22
28/04/2022
Mária JAKAB
1976
Karsai Dániel András
Budapest
29/03/2023
04/10/2022
3,900
28020/22
02/06/2022
Zsolt VIDÁK
1990
Kiss Dániel Bálint
Budapest
13/02/2023
02/12/2022
2,600
39005/22
01/08/2022
László Gyula ADORJÁN
1952
Karsai Dániel András
Budapest
13/02/2023
03/04/2023
3,900
39818/22
11/08/2022
Mariann BOROS
1993
Karsai Dániel András
Budapest
21/03/2023
16/03/2023
3,600
41460/22
23/08/2022
László NOVÁKI
1982
Karsai Dániel András
Budapest
29/03/2023
16/03/2023
3,400
47841/22
20/09/2022
Roland BARANYI
1993
Kiss Dániel Bálint
Budapest
Art. 5 (4) - excessive length of judicial review of detention - Several deadlines in reviewing the applicant’s detention were severely delayed.
03/04/2023
22/02/2023
5,100
52590/22
28/10/2022
Henrik SZILÁGYI
1978
Kiss Dániel Bálint
Budapest
24/03/2023
17/02/2023
3,600
54672/22
21/11/2022
András PANDÁK
1977
Kiss Dániel Bálint
Budapest
23/03/2023
23/02/2023
3,600
57415/22
07/12/2022
Alashkar Mohamed ABDELAZIZ
1986
Kiss Dániel Bálint
Budapest
Art. 5 (4) - excessive length of judicial review of detention - The obligatory 1-year review of his detention has been significantly delayed.
28/03/2023
06/03/2023
4,200
[1] Plus any tax that may be chargeable to the applicants.