Přehled
Rozhodnutí
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. | 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.