Přehled
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 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 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. | 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] |
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.