Resolution CM/ResDH(2007)66[1]
Execution of the judgments of the European Court of Human Rights
in 6 cases concerning the length of criminal proceedings (see Appendix)
against Hungary
(see details of cases in Appendix)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter referred to as “the Convention” and “the Court”),
Having regard to the judgments transmitted by the Court to the Committee once they had become final;
Recalling that the violation of the Convention found by the Court in these cases concerns the excessive length of certain criminal proceedings (violations of Article 6, paragraph 1);
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with Hungary’s obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicants the just satisfactions provided in the judgments (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of
- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- general measures preventing, similar violations;
Having examined the measures taken by the respondent state to that effect;
Whereas the government of the respondent state drew the Committee’s attention to the fact that, the Hungarian authorities had already taken the necessary measures to avoid new similar violations following the judgment of 13 January 2004 in the case of Németh (see Resolution DH(2006)48): thus, copies of the judgment had accordingly been sent out to the Office of the National Judicial Council for dissemination to the competent courts; in addition, the Court’s judgment has been published on the website of the Ministry of Justice ;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close their examination.
Appendix to Resolution CM/ResDH(2007)66
Details of cases
Name of case and application No.
Date of judgment
Final on
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Date of payment
FEJES István
7873/03
11/04/06
13/09/06
-
8 000 €
1 500 €
07/11/06
KLEMENT Tibor and others
31701/02
27/07/06
22/08/06
-
5 000 €
500 €
27/09/06
KOCSIS László
32763/03
25/04/06
25/07/06
-
8 000 €
-
13/09/06
MIKLÓS Imre
21742/02
11/10/05
11/01/06
-
1 500 €
500 €
08/03/06
MOHAI Eszter Brigitta
30089/03
11/04/06
11/07/06
-
8 000 €
1 500 €
29/08/06
VARGA István
3360/04
23/05/06
23/08/06
-
8 000 €
-
27/09/06
[1] Adopted by the Committee of Ministers on 20 April 2007 at the 992nd meeting of the Ministers’ Deputies
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