FIRST SECTION
DECISION
Application no. 42264/21
Attila KALOCSAI against Hungary
and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 22 September 2022 as a Committee composed of:
Krzysztof Wojtyczek, President,
Erik Wennerström,
Lorraine Schembri Orland, judges,
and Attila Teplan, 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 13 October 2022.
Attila Teplan 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]
42264/21
06/08/2021
Attila KALOCSAI
1983
Kiss Dániel Bálint
Budapest
Art. 5 (4) - excessive length of judicial review of detention - The obligatory
1-year review was carried out with a delay of 45 days.
15/08/2022
15/12/2021
4,100
45556/21
03/09/2021
Róbert ORGOVÁN
1979
Katalin ORGOVÁN
1976
Kiss Dániel Bálint
Budapest
15/08/2022
13/04/2022
3,600
54428/21
29/10/2021
Ignác TÓTH
1995
Kiss Dániel Bálint
Budapest
04/08/2022
05/04/2022
2,900
1043/22
13/12/2021
László HIRT
1970
Kiss Dániel Bálint
Budapest
Art. 5 (4) - excessive length of judicial review of detention - The 1-year review of the applicant’s detention took place with a 3-month delay.
11/07/2022
31/05/2022
3,400
3488/22
05/01/2022
Kanu SYLVANUS
1969
Kiss Dániel Bálint
Budapest
19/07/2022
11/08/2022
3,500
3937/22
10/01/2022
Attila VARGA
1960
Kiss Dániel Bálint
Budapest
07/07/2022
15/06/2022
3,300
6893/22
25/01/2022
Tamás NAGY
2001
Kiss Dániel Bálint
Budapest
Art. 5 (4) - excessive length of judicial review of detention - The 6-month obligatory review was carried out with a delay of 69 days.
04/07/2022
09/06/2022
4,100
7675/22
01/02/2022
Dávid RAFFAI
1987
Kiss Dániel Bálint
Budapest
19/07/2022
23/06/2022
3,100
10347/22
11/02/2022
Attila KRASZNAI
1983
Kiss Dániel Bálint
Budapest
04/07/2022
30/06/2022
3,900
10572/22
16/02/2022
Norbert VRBENSZKI
1979
Karsai Dániel András
Budapest
19/07/2022
16/08/2022
3,900
[1] Plus any tax that may be chargeable to the applicants.