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TÓTH v. HUNGARY

Doc ref: 6696/16 • ECHR ID: 001-200637

Document date: December 12, 2019

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TÓTH v. HUNGARY

Doc ref: 6696/16 • ECHR ID: 001-200637

Document date: December 12, 2019

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 6696/16 Miklós TÓTH against Hungary

( s ee appended table)

The European Court of Human Rights (Fourth Section), sitting on 12 December 2019 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 21 December 2015 ,

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

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 D.A. Karsai , a lawyer practising in Budapest.

The applicant ’ s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Hungarian Government (“the Government”) .

The Court received friendly-settlement declarations under which the applicant agreed to waive any further claims against Hungary in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount 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 this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, 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 case.

THE LAW

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 application.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention .

Done in English and notified in writing on 16 January 2020 .

Liv Tigerstedt Stéphanie Mourou-Vikström Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 3 of the Convention

( inadequate conditions of detention )

Application no. Date of introduction

Applicant ’ s name

Date of birth

Representative ’ s name and location

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) [i]

6696/16

21/12/2015

Miklós TÓTH

28/09/1954

Karsai Dániel András

Budapest

05/04/2019

22/01/2019

4,000

[i] . Plus any tax that may be chargeable to the applicant .

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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