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HORVÁTH AND OTHERS v. HUNGARY
Doc ref: 4834/20;6479/20;6630/20;6882/20;8667/20;11092/20;12213/20;13309/20;13316/20;15122/20 • ECHR ID: 001-204966
Document date: September 3, 2020
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HORVÁTH AND OTHERS v. HUNGARY
Doc ref: 4834/20;6479/20;6630/20;6882/20;8667/20;11092/20;12213/20;13309/20;13316/20;15122/20 • ECHR ID: 001-204966
Document date: September 3, 2020
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 4834/20 Zoltán HORVÁTH against Hungary and 9 other applications
( s ee appended table)
The European Court of Human Rights (Fourth Section), sitting on 3 September 2020 as a Committee composed of:
Stéphanie Mourou-Vikström , President,
Georges Ravarani ,
Jolien Schukking , 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 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 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 24 September 2020 .
Liv Tigerstedt Stéphanie Mourou-Vikström 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
Date 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]
4834/20
13/01/2020
Zoltán HORVÁTH
23/07/1982
Kiss Dominika Szilvia
Budapest
07/07/2020
06/07/2020
2,300
6479/20
22/01/2020
Mercédesz PÉNZES
16/03/1993
Kiss Dominika Szilvia
Budapest
23/07/2020
09/06/2020
3,000
6630/20
21/01/2020
Márk HEGYI
04/06/1998
Kiss Dominika Szilvia
Budapest
Art. 5 (4) - excessive length of judicial review of detention - The court exceeded the statutory time-limit regarding
the 6-month mandatory review by more than 1 month ( Pesti Központi Kerületi Bíróság 9.B.VIII.11.610/2018/25). Furthermore, even though the Criminal Procedural Code prescribes priority procedure in case the defendant is in detention, it took more than 1 month for the second instance to decide upon the appeals against the prolongations (i.e. it took 1 month 25 days for the Budapest High Court acting as second instance to render its decision no. 23.Beüf.5058/2019/2 of 10/01/2019.)
15/07/2020
06/07/2020
3,500
6882/20
23/01/2020
László LAKATOS
30/08/1970
Kiss Dominika Szilvia
Budapest
Art. 5 (4) - excessive length of judicial review of detention - The applicant ’ s detention was not reviewed within the statutory time limit on multiple occasions.
23/07/2020
03/06/2020
3,500
8667/20
03/02/2020
Chrisztopher KONKOLY
28/05/1995
Kiss Dániel Bálint
Budapest
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - The courts exceeded the statutory time-limit regarding the 6-month mandatory review by more than 3 months ( Hevesi Járásbíróság 3.B.82/2019/2).
15/07/2020
02/06/2020
2,900
11092/20
20/02/2020
László KURUCZ
01/10/1974
Kiss Dániel Bálint
Budapest
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 in relation to the mandatory 1-year review ( Debreceni Ítélőtábla decision no. Bel.I.350/2019/9. on 09/07/2019).
15/07/2020
02/06/2020
3,000
12213/20
25/02/2020
Kálmán TURRÓ
27/08/1980
Kiss Dominika Szilvia
Budapest
Art. 5 (4) - excessive length of judicial review of detention - No review within the statutory deadline.
16/07/2020
08/06/2020
4,700
13309/20
05/03/2020
István KISS
18/06/1969
Kiss Dániel Bálint
Budapest
Art. 5 (4) - excessive length of judicial review of detention - No review within the statutory deadline.
16/07/2020
22/06/2020
3,000
13316/20
05/03/2020
Norbert KOVÁCS
09/10/1975
Kiss Dominika Szilvia
Budapest
Art. 5 (4) - excessive length of judicial review of detention - No review within the statutory deadline.
30/07/2020
09/06/2020
4,700
15122/20
12/03/2020
József Zsolt BERKES
27/09/1977
Karsai Dániel András
Budapest
29/07/2020
28/07/2020
1,800
[1] Plus any tax that may be chargeable to the applicants.
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