FOURTH SECTION
DECISION
Application no. 24265/18
Roland Bertalan HAJAS against Hungary
and 8 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 25 June 2020 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 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 application no. 24265/18, a complaint based on the same facts was also communicated under Article 5 § 4 of the Convention.
The Court received friendly-settlement declarations 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 16 July 2020.
Liv TigerstedtStéphanie Mourou-Vikström
Acting Deputy RegistrarPresident
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
Date 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 non-pecuniary damage and costs and expenses per applicant (in euros)[1]
24265/18
15/05/2018
Roland Bertalan HAJAS
16/01/1994
Pohárnok Barbara
Budapest
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - On prolongations of detention, the applicant could not always access the relevant documents in good time and the reasoning was insufficiently individualised.
12/03/2020
03/04/2020
3,500
51166/19
23/09/2019
Krysztof TAMÁS
08/06/1994
Kiss Dominika Szilvia
Budapest
06/03/2020
18/12/2019
2,300
55012/19
09/10/2019
Attila ACIKGŐZ
16/09/1991
Karsai Dániel András
Budapest
21/04/2020
17/01/2020
2,500
55545/19
14/10/2019
Tibor DUDÁS
27/12/1965
Kiss Dominika Szilvia
Budapest
05/03/2020
29/01/2020
2,200
55636/19
16/10/2019
István JAKAB
10/01/1974
Karsai Dániel András
Budapest
05/06/2020
17/01/2020
2,600
56295/19
17/10/2019
István EGRI
17/04/1952
Karsai Dániel András
Budapest
22/04/2020
07/01/2020
3,300
58355/19
29/10/2019
Lajos Gábor FARKAS
05/12/1976
Kiss Dániel Bálint
Budapest
20/04/2020
09/01/2020
2,900
61650/19
21/11/2019
Miklós NAGY
07/08/1968
Karsai Dániel András
Budapest
16/04/2020
17/04/2020
4,000
2424/20
16/12/2019
Barnabás KARDOS
20/06/1983
Kiss Dominika Szilvia
Budapest
30/04/2020
23/04/2020
3,400
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy