SECOND SECTION
DECISION
Application no. 14124/24
Krisztiánné SZALAI
against Hungary
(see appended table)
The European Court of Human Rights (Second Section), sitting on 7 November 2024 as a Committee composed of:
Davor Derenčinović, President,
Gediminas Sagatys,
Stéphane Pisani, judges,
and Attila Teplán, Acting Deputy Section Registrar,
Having regard to the above application lodged on 7 May 2024,
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 Mr D. Kiss, a lawyer practising in Budapest.
The applicant’s complaints under Articles 6 § 1 and 13 of the Convention concerning the excessive length of criminal proceedings and the absence of a remedy were communicated to the Hungarian Government (“the Government”).
THE LAW
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 alleged violations.
In particular, the Court notes that the domestic courts expressly acknowledged the undue length of the proceedings and took this element into account, when sentencing the applicant, as an important mitigating factor. Consequently, the applicant is no longer a victim of the alleged violation of Article 6, for the purposes of Article 34 of the Convention.
It follows that this complaint is incompatible ratione personae with the provisions of the Convention within the meaning of Article 35 § 3 (a) and must be rejected, pursuant to Article 35 § 4 of the Convention.
Furthermore, in the absence of an arguable claim of a violation of Article 6, the applicant’s complaint under Article 13 is incompatible ratione materiae with the provisions of the Convention within the meaning of Article 35 § 3 (a) and must be rejected, pursuant to Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 28 November 2024.
Attila Teplán Davor Derenčinović
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
Other complaints under
well-established case-law
14124/24
07/05/2024
Krisztiánné SZALAI
1991
Kiss Dániel Bálint
Budapest
11/11/2016
14/02/2024
7 year(s) and 3 month(s)
and 4 day(s)
2 level(s) of jurisdiction
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings