FOURTH SECTION
DECISION
Application no. 26096/14
István SZEKRÉNYES
against Hungary
The European Court of Human Rights (Fourth Section), sitting on 29 November 2018 as a Committee composed of:
Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 31 March 2014,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,
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 B. Szilágyi, a lawyer practising in Nyíregyháza.
The applicant’s complaint under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings was communicated to the Hungarian Government (“the Government”).
THE LAW
Complaints under Article 6 § 1 of the Convention
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 protraction of the case.
In particular, the Court notes that the domestic courts expressly acknowledged the protraction of the proceedings and provided adequate redress by taking this circumstance into account as an important mitigating factor when assessing and fixing the criminal sanction. Consequently, the applicant can no longer claim to be a victim for the purposes of Article 34 of the Convention.
It follows that the application is incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 20 December 2018.
Liv TigerstedtGeorges Ravarani
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(excessive length of criminal proceedings)
Application no.
Date of introduction
Applicant’s name
Date of birth
Representative’s name and location
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
26096/14
31/03/2014
István Szekrényes
27/08/1967
Szilágyi Béla
Nyíregyháza
05/01/2007
20/11/2015
8 year(s) and 10 month(s) and 16 day(s)
2 level(s) of jurisdiction
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