FIRST SECTION
DECISION
Application no. 56443/22
Alahmed ODAY
against Hungary
(see appended table)
The European Court of Human Rights (First Section), sitting on 28 September 2023 as a Committee composed of:
Krzysztof Wojtyczek, President,
Lətif Hüseynov,
Ivana Jelić, judges,
and Attila Teplán, Acting Deputy Section Registrar,
Having regard to the above application lodged on 28 November 2022,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Ms D. Kiss, a lawyer practising in Budapest.
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 protractedness of the proceedings.
In particular, the Court notes that the domestic courts acknowledged the undue length of the proceedings and provided adequate redress, when sentencing the applicant, by taking this element into consideration as an important mitigating factor. It follows that the applicant can no longer claim to be a victim of a violation of his rights under Article 6 of the Convention.
In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 19 October 2023.
Attila Teplán Krzysztof Wojtyczek
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(excessive length of criminal proceedings)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
56443/22
28/11/2022
Alahmed ODAY
1986
Kiss Dalma
Budapest
17/10/2018
25/01/2023
4 year(s) and 3 month(s) and 9 day(s)
2 level(s) of jurisdiction