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SZEKRÉNYES v. HUNGARY

Doc ref: 26096/14 • ECHR ID: 001-188926

Document date: November 29, 2018

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SZEKRÉNYES v. HUNGARY

Doc ref: 26096/14 • ECHR ID: 001-188926

Document date: November 29, 2018

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 26096/14 István SZEKRÉNYES against Hungary

The European Court of Human Rights (Fourth Section), sitting on 29 November 2018 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 lodged on 31 March 2014 ,

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 B. Szilágyi, a lawyer practising in Nyíregyháza.

The applicant ’ s complaint under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings was communicated to the Hungarian Government (“the Government”) .

THE LAW

Complaints under Article 6 § 1 of the Convention

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 case.

In particular, the Court notes that the domestic courts expressly acknowledged the protraction of the proceedings and provided adequate redress by taking this circumstance into account as an important mitigating factor when assessing and fixing the criminal sanction . Consequently, the applicant can no longer claim to be a victim for the purposes of Article 34 of the Convention.

It follows that the application is incompatible ratione personae with the provisions 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 20 December 2018 .

Liv Tigerstedt Georges Ravarani 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

26096/14

31/03/2014

István Szekrényes

27/08/1967

Szilágyi Béla

Nyíregyháza

05/01/2007

20/11/2015

8 year(s) and 10 month(s) and 16 day(s)

2 level(s) of jurisdiction

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