FIRST SECTION
DECISION
Application no. 3940/22
Gusztáv RAFAEL against Hungary
and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 24 November 2022 as a Committee composed of:
Krzysztof Wojtyczek, President,
Ivana Jelić,
Erik Wennerström, judges,
and Attila Teplán, 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”).
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 15 December 2022.
Attila Teplán 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]
3940/22
07/01/2022
Gusztáv RAFAEL
1983
Kiss Dániel Bálint
Budapest
13/09/2022
08/06/2022
3,800
11596/22
23/02/2022
Renátó RAFFAEL
1986
Kiss Dániel Bálint
Budapest
13/09/2022
27/06/2022
3,300
15070/22
09/03/2022
Shandor BALOH
1995
Kiss Dániel Bálint
Budapest
Art. 5 (4) - excessive length of judicial review of detention - The obligatory 6-month review was carried out with a delay of 16 days; the 1-year review with a delay of 84 days and the 1.5-year review with a delay of 88 days.
15/09/2022
04/08/2022
4,600
15551/22
16/03/2022
Krisztofer István SZABÓ
1996
Kiss Dániel Bálint
Budapest
20/09/2022
21/07/2022
3,100
16486/22
21/03/2022
Serhii UDYCH
1960
Kiss Dániel Bálint
Budapest
23/09/2022
05/09/2022
3,500
18347/22
25/03/2022
Attila HABENCZIUS
1991
Kiss Dániel Bálint
Budapest
Art. 5 (4) - excessive length of judicial review of detention - The 1.5-year review of the applicant’s detention took place with a delay of more than 90 days.
12/08/2022
19/07/2022
4,100
19229/22
12/04/2022
Margit ROSTÁS
1992
Karsai Dániel András
Budapest
17/08/2022
01/08/2022
3,800
21444/22
20/04/2022
Mátyás RÁDAI
1968
Karsai Dániel András
Budapest
19/10/2022
11/08/2022
4,000
21738/22
06/04/2022
József Tamás VAKULYA
1979
Karsai Dániel András
Budapest
15/09/2022
21/07/2022
4,000
22455/22
28/04/2022
Erika SZILÁGYI
1971
Karsai Dániel András
Budapest
05/10/2022
21/10/2022
3,100
[1] Plus any tax that may be chargeable to the applicants.