Přehled

Text rozhodnutí
Datum rozhodnutí
6.4.2023
Rozhodovací formace
Významnost
3
Číslo stížnosti / sp. zn.

Rozhodnutí

FIRST SECTION

DECISION

Application no. 34069/22
Dániel Márk CSAPÓ against Hungary
and 10 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 6 April 2023 as a Committee composed of:

Alena Poláčková, President,
Gilberto Felici,
Raffaele Sabato, 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”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.

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 11 May 2023.

Attila Teplán Alena Poláčková
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 caselaw

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]

34069/22

05/07/2022

Dániel Márk CSAPÓ

1996

Kiss Dániel Bálint

Budapest

21/02/2023

15/11/2022

4,200

36194/22

15/07/2022

György Béla BERÉNYI

1985

Kiss Dominika Szilvia

Budapest

21/02/2023

02/11/2022

4,000

38167/22

01/08/2022

András SZABÓ

1980

Karsai Dániel András

Budapest

15/02/2023

12/12/2022

4,000

39826/22

09/08/2022

András CETŐ

1982

Kiss Dániel Bálint

Budapest

09/12/2022

16/01/2023

3,800

41037/22

17/08/2022

Szilvia Renáta PAPP

1992

Karsai Dániel András

Budapest

Art. 6 (1) - excessive length of criminal proceedings - The applicant is subject to criminal proceedings since 27/03/2019. No first instance decision has been adopted in her case.

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings.

14/03/2023

25/01/2023

5,600

41459/22

23/08/2022

Gábor PELYHE

1983

Karsai Dániel András

Budapest

01/03/2023

08/12/2022

3,400

42107/22

25/08/2022

László VARGA

1985

Kiss Dániel Bálint

Budapest

07/02/2023

30/11/2022

3,800

46257/22

20/09/2022

Lajos Zsolt ROSTÁS

1976

Kiss Dániel Bálint

Budapest

Art. 6 (1) - excessive length of criminal proceedings - The applicant is subject to criminal proceedings since 04/07/2019. No first instance decision yet.

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings.

14/03/2023

12/12/2022

5,100

46822/22

27/09/2022

Roland VIGLÁSI

1987

Kiss Dániel Bálint

Budapest

26/01/2023

23/11/2022

3,900

46823/22

27/09/2022

László VADÁSZI

1978

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 44 days while the

1 year review with a delay of 76 days.

10/02/2023

28/11/2022

4,600

50386/22

19/10/2022

Benjámin Csaba SZŐNYE

1999

Kiss Dániel Bálint

Budapest

01/03/2023

21/02/2023

4,000


[1] Plus any tax that may be chargeable to the applicants.