FIRST SECTION
DECISION
Application no. 5887/20
Zsolt KIRÁLY against Hungary
and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 5 November 2020 as a Committee composed of:
Krzysztof Wojtyczek, President,
Linos-Alexandre Sicilianos,
Erik Wennerström, 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 6 § 1 of the Convention concerning the excessive length of criminal proceedings 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 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 26 November 2020.
Liv TigerstedtKrzysztof Wojtyczek
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of criminal proceedings)
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]
5887/20
16/01/2020
Zsolt KIRÁLY
1976
Kiss Dominika Szilvia
Budapest
Art. 13 - lack of any effective remedy in domestic law against the protraction of criminal proceedings.
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - The courts exceeded the statutory time-limit by more than a month (Budapesti XVIII. és XIX. Kerületi Bíróság 4.B.XVIII.684/2018/38-II on 19 June 2019).
Art. 5 (3) - excessive length of pre-trial detention - The Budai Central District Court ordered the applicant’s pre-trial detention from 10/01/2017 in its decision no. 15.Bny.126/2017/2. He has been in pre-trial detention since then with a short pause between 11/05/2018 and 15/05/2018, when he was in house arrest. The courts prolonged the pre-trial detention more than six times even after he had been indicted on 11/06/2018. The applicant always challenged the decisions, but in vain. The case is still pending before the first instance court.
04/06/2020
14/05/2020
5,400
5922/20
16/01/2020
László KIRÁLY
1974
Kiss Dominika Szilvia
Budapest
Art. 13 - lack of any effective remedy in domestic law against the protraction of the criminal proceedings.
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - The courts exceeded the statutory time-limit by more than a month (Budapesti XVIII. és XIX. Kerületi Bíróság 4.B.XVIII.684/2018/38-II on 19 June 2019).
Art. 5 (3) - excessive length of pre-trial detention - The Budai Central District Court ordered the applicant’s pre-trial detention from 10/01/2017 in its decision no. 15.Bny.126/2017/2. He has been in pre-trial detention since then with a short pause between 11/05/2018 and 15/05/2018, when he was in house arrest. The courts prolonged the pre-trial detention more than six times even after he had been indicted on 11/06/2018. The applicant always challenged the decisions, but in vain. The case is still pending before the first instance court.
04/06/2020
14/05/2020
5,400
5956/20
13/01/2020
Károly GYÜRE
1982
Lakatos Viktor
Budapest
17/09/2020
27/05/2020
7,300
10559/20
13/01/2020
Klaudia GYÜRE
1981
Lakatos Viktor
Budapest
17/09/2020
22/06/2020
8,200
12630/20
21/02/2020
Tibor BANGÓ
1985
Gál-Bene Ildikó
Nagykáta
27/08/2020
21/07/2020
3,900
14258/20
02/03/2018
Árpád Zoltán BODA
1989
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
28/08/2020
15/09/2020
5,200
14260/20
10/03/2020
Gábor ÁBRAHÁM
1971
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
07/07/2020
22/06/2020
3,900
14467/20
11/03/2020
Tamás VIRÁG
1971
Schill Szabolcs
Budapest
01/09/2020
30/06/2020
9,100
17435/20
20/04/2020
János MADARÁSZ
1968
Patyi Zsuzsanna
Budapest
25/08/2020
05/10/2020
13,000
21188/20
20/04/2020
Gyula JÓNI
1980
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings.
24/07/2020
06/07/2020
3,300
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy