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KEREK AND OTHERS v. HUNGARY

Doc ref: 28467/19;32563/19;54086/19 • ECHR ID: 001-202365

Document date: March 19, 2020

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KEREK AND OTHERS v. HUNGARY

Doc ref: 28467/19;32563/19;54086/19 • ECHR ID: 001-202365

Document date: March 19, 2020

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 28467/19 Emese KEREK against Hungary and 2 other applications

(s ee appended table)

The European Court of Human Rights (Fourth Section), sitting on 19 March 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 observations submitted by the respondent Government and the observations in reply submitted by the applicants,

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”) .

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.

In the present application s , 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 cases.

In particular, the Court notes that the domestic courts recognised the undue length of the trials and took this element into account, when sentencing the applicants, as an important mitigating factor. In these circumstances, the Court is satisfied that the violation of the applicants ’ Convention rights has been expressly acknowledged and adequately redressed. Consequently, the applicants can no longer claim to be victims 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,

Decides to join the applications;

Declares the applications inadmissible.

Done in English and notified in writing on 9 April 2020 .

Liv Tigerstedt Stéphanie Mourou-Vikström 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

Date of birth

Representative ’ s name and location

Start of proceedings

End of proceedings

Total length

Levels of jurisdiction

28467/19

16/05/2019

Emese KEREK

09/12/1986

Tímár Mátyás

Nagykőrös

10/12/2012

12/12/2018

6 year(s) and 3 day(s) 1 level(s) of jurisdiction

32563/19

16/05/2019

Tibor BODOR

04/08/1974

Tímár Mátyás

Nagykőrös

10/12/2012

12/12/2018

6 year(s) and 3 day(s) 1 level(s) of jurisdiction

54086/19

10/10/2019

Gyula SZITAI

13/04/1954

Cseterics Krisztián

Budapest

06/09/2011

23/12/2019

8 year(s) and 3 month(s) and 18 day(s) 1 level(s) of jurisdiction

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