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 abovementioned 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.