Lexploria

FIRST SECTION

DECISION

Application no. 5887/20 Zsolt KIRÁLY against Hungary and 9 other applications

( 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 s lodged on the various dates indicated in the appended table,

Having regard to the formal declaration s accepting a friendly settlement of the case s ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicant s and their representatives is set out in the appended table.

The applicants ’ complaints under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings 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 under which the applicant s 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 case s 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 26 November 2020 .

Liv Tigerstedt Krzysztof Wojtyczek Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

( excessive length of criminal proceedings )

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]

5887/20

16/01/2020

Zsolt KIRÁLY

1976Kiss Dominika Szilvia

Budapest

Art. 13 - lack of any effective remedy in domestic law against the protraction of criminal proceedings.

Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - The courts exceeded the statutory time-limit by more than a month ( Budapesti XVIII. és XIX. Kerületi Bíróság 4.B.XVIII. 684/2018/38-II on 19 June 2019).

Art. 5 (3) - excessive length of pre-trial detention - The Budai Central District Court ordered the applicant ’ s pre-trial detention from 10/01/2017 in its decision no. 15.Bny.126/2017/2. He has been in pre-trial detention since then with a short pause between 11/05/2018 and 15/05/2018, when he was in house arrest. The courts prolonged the pre-trial detention more than six times even after he had been indicted on 11/06/2018. The applicant always challenged the decisions, but in vain. The case is still pending before the first instance court.

04/06/2020

14/05/2020

5,400

5922/20

16/01/2020

László KIRÁLY

1974Kiss Dominika Szilvia

Budapest

Art. 13 - lack of any effective remedy in domestic law against the protraction of the criminal proceedings.

Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - The courts exceeded the statutory time-limit by more than a month ( Budapesti XVIII. és XIX. Kerületi Bíróság 4.B.XVIII. 684/2018/38-II on 19 June 2019).

Art. 5 (3) - excessive length of pre-trial detention - The Budai Central District Court ordered the applicant ’ s pre-trial detention from 10/01/2017 in its decision no. 15.Bny.126/2017/2. He has been in pre-trial detention since then with a short pause between 11/05/2018 and 15/05/2018, when he was in house arrest. The courts prolonged the pre-trial detention more than six times even after he had been indicted on 11/06/2018. The applicant always challenged the decisions, but in vain. The case is still pending before the first instance court.

04/06/2020

14/05/2020

5,400

5956/20

13/01/2020

Károly GYÜRE

1982Lakatos Viktor

Budapest

17/09/2020

27/05/2020

7,300

10559/20

13/01/2020

Klaudia GYÃœRE

1981Lakatos Viktor

Budapest

17/09/2020

22/06/2020

8,200

12630/20

21/02/2020

Tibor BANGÓ

1985Gál -Bene Ildikó

Nagykáta

27/08/2020

21/07/2020

3,900

14258/20

02/03/2018

Árpád Zoltán BODA

1989Karsai Dániel András

Budapest

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

28/08/2020

15/09/2020

5,200

14260/20

10/03/2020

Gábor ÁBRAHÁM

1971Kiss Dániel Bálint

Budapest

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

07/07/2020

22/06/2020

3,900

14467/20

11/03/2020

Tamás VIRÁG

1971Schill Szabolcs

Budapest

01/09/2020

30/06/2020

9,100

17435/20

20/04/2020

János MADARÁSZ

1968Patyi Zsuzsanna

Budapest

25/08/2020

05/10/2020

13,000

21188/20

20/04/2020

Gyula JÓNI

1980Kiss Dániel Bálint

Budapest

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

24/07/2020

06/07/2020

3,300

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

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KIRÁLY AND OTHERS v. HUNGARY

KIRÁLY AND OTHERS v. HUNGARY

LEXI