FIRST SECTION

DECISION

Application no. 44750/20 Gerben Jelmer DOORNBOSCH

against Hungary

(see appended table)

The European Court of Human Rights (First Section), sitting on 9 September 2021 as a Committee composed of:

Erik Wennerström, President, Lorraine Schembri Orland, Ioannis Ktistakis, judges, and Attila Teplán, Acting Deputy Section Registrar,

Having regard to the above application lodged on 23 September 2020,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,

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 D. Kiss, a lawyer practising in Budapest.

The applicant’s complaints under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communicated to the Hungarian Government (“the Government”). Complaints based on the same facts were also communicated under other provisions of the Convention.

THE LAW

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 proceedings lasted less than four years for two levels of jurisdiction.

In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

The applicant also raised a complaint under Article 13 of the Convention concerning the lack of any effective remedy for his complaint about the length of the proceedings.

The Court observes that the applicant’s complaint under Article 6 § 1 of the Convention is inadmissible within the meaning of Article 35 § 3 of the Convention. It follows that he has no “arguable claim” of a violation of his rights under Article 6 § 1 for the purposes of Article 13 of the Convention.

It follows that this part of the application is incompatible ratione materiae with the provision of the Convention within the meaning of Article 35 § 3 (a) and must be rejected, in accordance with Article 35 § 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 30 September 2021.

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Attila Teplán Erik Wennerström Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(excessive length of criminal proceedings)

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Start of proceedings

End of proceedings

Total length

Levels of jurisdiction

Other complaints under

well-established case-law

44750/20

23/09/2020

Gerben Jelmer DOORNBOSCH

1994Kiss Dániel Bálint

Budapest

22/07/2017

17/06/2021

3 year(s) and 10 month(s) and 27 day(s)

2 level(s) of jurisdiction

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