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FARKAS v. HUNGARY

Doc ref: 63408/19 • ECHR ID: 001-206419

Document date: November 5, 2020

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FARKAS v. HUNGARY

Doc ref: 63408/19 • ECHR ID: 001-206419

Document date: November 5, 2020

Cited paragraphs only

FIRST SECTION

DECISION

Application no. 63408/19 Attila Csaba FARKAS against Hungary

( s ee appended table)

The European Court of Human Rights (First Section), sitting on 5 November 2020 as a Committee composed of:

Krzysztof Wojtyczek, President, Linos-Alexandre Sicilianos, Erik Wennerström , judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 22 November 2019,

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

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 S. Schill , 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”) .

THE LAW

Complaints under Article 6 § 1 of the Convention (excessive length of criminal proceedings)

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 domestic courts observed the undue length of the proceedings and provided redress, notably by taking this element into account as a mitigating factor when imposing imprisonment of seven years, as opposed to the relevant mean duration (ten years) of cumulative sentences in such cases of fraud.

In these circumstances, the Court is satisfied that the violation of the applicant ’ s Convention rights has been expressly acknowledged and adequately redressed. Consequently, the applicant can no longer claim to be a victim for the purposes of Article 34 of the Convention.

In view of the above, the Court finds that these complaints are incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 26 November 2020 .

Liv Tigerstedt Krzysztof Wojtyczek 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

63408/19

22/11/2019

Attila Csaba FARKAS

1975Schill Szabolcs

Budapest

31/03/2009

30/01/2020

10 year(s) and 10 month(s) 2 level(s) of jurisdiction

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