FOURTH SECTION

DECISION

Application no. 33262/16 Zoltán MAGYAR 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 6 June 2016 ,

Having regard to the observation submitted by the respondent Government and the observation 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 D.A. Karsai, a lawyer practising in Budapest.

The applicant ’ s complaints under Article s 3 and 13 of the Convention concerning the inadequate conditions of detention and the lack of any effective remedy in domestic law were communicated to the Hungarian Government (“the Government”) .

THE LAW

Complaints under Articles 3 and 13 of the Convention

In the present application, having examined all the material before it, the Court considers that for the reasons stated below, these complaints are inadmissible.

In particular, the Court notes that the newly introduced domestic remedy in respect of inadequate conditions of detention in Hungary was held to be an effective one in the case of Domján v. Hungary ((dec.), no. 5433/17, 14 November 2017). This remedy was available to the applicant and, indeed, used by him. Thus, the domestic authorities, applying the compensation scale contemplated in the Domján decision, awarded compensation to the applicant in the amount of 646,800 Hungarian forints (approximately 2,000 euros) for the entire period of his detention, save 309 days spent in Tököl Central Prison Hospital.

The Court is therefore satisfied that the applicant has been afforded adequate redress in relation to the period covered by the domestic decisions and can no longer claim to be a victim of a violation of his rights under Articles 3 and 13 in this respect. It follows that this part of 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.

As concerns the 309 days spent in Tököl Central Prison Hospital, the Court notes that the personal space available to the applicant varied between 3.85 and 4.9 square metres. In the hospital wards, where he was accommodated according to his changing condition, there was natural light and electrical lighting, isolated toilets, regular pest control, gravitational ventilation and running cold water; with hot showers available regularly outside the ward. Even taking into account the applicant ’ s allegations about the occasional unavailability of hot showers and about hygienic shortcomings, the Court considers that these circumstances do not attain the minimum level of severity required under Article 3, especially since the complaint relates to hospital wards for bedridden in-patients which situation is not identical to detention in a prison cell.

It follows that this part of the applicant ’ s complaints under Articles 3 and 13 of the Convention is manifestly ill-founded within the meaning of Article 35 § 3 (a) and must be rejected pursuant to Article 35 § 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 Articles 3 and 13 of the Convention

(inadequate conditions of detention and lack of any effective remedy in domestic law)

Application no.

Date of introduction

Applicant ’ s name

Date of birth

Representative ’ s name and location

Facility Start and end date Duration

Sq. m. per inmate

33262/16

06/06/2016

Zoltán Magyar

03/06/1961

Karsai Dániel András

Budapest

Márianosztra Prison

08/12/2014 to

22/06/2015

6 month(s) and 15 day(s)

Tököl Central Prison Hospital

22/06/2015 to

26/07/2015

1 month(s) and 5 day(s)

Márianosztra Prison

27/07/2015 to

30/01/2016

6 month(s) and

4 day(s)

Márianosztra Prison

31/01/2016 to

09/02/2016

10 day(s)

Szombathely Prison

10/02/2016 to

18/04/2016

2 month(s) and 9 day(s)

Márianosztra Prison

18/04/2016 to

05/09/2016

4 month(s) and 19 day(s)

Tököl Central Prison Hospital

05/09/2016 to

08/06/2017

9 month(s) and 4 day(s)

4 m²

4.3 m²

4 m²

4.1 m²

4.6 m²

3.0 to 3.5 m 2

3.85 to 4.9 m²