FOURTH SECTION

DECISION

Application no. 53626/19 Ildikó BERZSÉNYI against Hungary

( s ee appended table)

The European Court of Human Rights (Fourth Section), sitting on 14 May 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 lodged on 26 September 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 K. Cseterics , 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 criminal proceedings.

In particular, the Court notes that the domestic courts expressly recognised the undue length of the trial and provided adequate redress by appreciating this element as an important mitigating factor when sentencing the applicant to only two years of imprisonment, although she was prosecuted for altogether twelve counts of various offences including embezzlement, use of forged documents, aggravated fraud and theft, some of which carry potential sentences of one to five or two to eight years of imprisonment. In these circumstances, the Court is satisfied that the violation of the applicant ’ s Convention rights has been expressly acknowledged and 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 provision 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 4 June 2020 .

Liv Tigerstedt Stéphanie Mourou-Vikström 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

Date of birth

Representative ’ s name and location

Start of proceedings

End of proceedings

Total length

Levels of jurisdiction

53626/19

26/09/2019

Ildikó BERZSÉNYI

18/06/1967

Cseterics Krisztián

Budapest

22/09/2010

05/11/2019

About 9 year(s) and 2 month(s) for 2 level(s) of jurisdiction