FOURTH SECTION
DECISION
Application no. 62805/19
Lilla KALINCSÁK
against Hungary
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 29 September 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 application lodged on 27 November 2019,
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’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 Veszprém High Court expressly took into account the undue length of the proceedings as a mitigating factor and – for this and other reasons – reduced the sentence of 3 years and 6 months of imprisonment, imposed at first instance for the ten counts of various offences committed by the applicant, to 2 years and 8 months of imprisonment.
In view of the above, the Court finds that the applicant received adequate redress and that she can no longer claim to be a victim of a violation of her rights under Article 6 § 1, for the purposes of Article 34 of the Convention. It follows that the application is incompatible ratione personae with the provisions of the Convention within the meaning of Article 35 § 3 (a) and must be rejected, pursuant to Article 35 § and 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 22 October 2020.
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
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
62805/19
27/11/2019
Lilla KALINCSÁK
22/03/1990
28/09/2010
13/06/2019
8 years and 8 months and 17 days 4 levels of jurisdiction
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