BARICZ AND OTHERS v. HUNGARY
Doc ref: 51110/15;36618/16;35449/17;76241/17;80684/17;2939/18;14750/18;18262/18;21775/18 • ECHR ID: 001-191409
Document date: January 31, 2019
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FOURTH SECTION
DECISION
Application no. 51110/15 Tibor BARICZ against Hungary and 8 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 31 January 2019 as a Committee composed of:
Georges Ravarani, President, Marko Bošnjak, Péter Paczolay, 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 cases,
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 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 21 February 2019 .
Liv Tigerstedt Georges Ravarani 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
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]
51110/15
09/10/2015
Tibor Baricz
04/07/1970
Szabó Zsolt
Budapest
17/12/2018
19/02/2018
3,500
36618/16
20/06/2016
Tamás Tóth
27/12/1965
Karsai Dániel András
Budapest
17/12/2018
08/10/2018
6,000
35449/17
08/05/2017
Sándor Fazekas
18/11/1965
17/12/2018
03/04/2018
3,000
76241/17
28/01/2016
András Kelemen
26/06/1961
Szegedi Zsolt
Nyíregyháza
22/11/2018
26/04/2018
7,000
80684/17
17/11/2017
Csaba Polgár
29/05/1974
Tóth M. Gábor
Budapest
05/12/2018
19/09/2018
3,000
2939/18
02/01/2018
Ágnes Füle
25/06/1965
Mester Csaba
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings –
17/12/2018
18/09/2018
3,500
14750/18
20/03/2018
János Tóth
21/09/1953
Simonffy György
Hódmezővásárhely
17/12/2018
18/09/2018
12,000
18262/18
11/04/2018
Zoltán Elemér Sándor
20/08/1971
Borsos Tamás
Budapest
07/01/2018
02/10/2018
2,000
21775/18
25/04/2018
Levente Tanács
18/07/1974
Bene Zoltán
Szeged
09/01/2019
06/08/2018
2,000
[1] . Plus any tax that may be chargeable to the applicants.