Lexploria

FOURTH SECTION

DECISION

Application no. 18203/14 Szilárd RAJKAI against Hungary and 7 other applications (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 11 October 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 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 applicant s ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicant s is set out in the appended table.

The applicants ’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Hungarian Government (“the Government”). Some of the applicants also raised a complaint under Article 13 of the Convention concerning the lack of effective remedy in domestic law in respect of their poor conditions of detention.

THE LAW

A. Joinder of the applications

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

B. Complaints under Articles 3 and 13 of the Convention

In the present applications, 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 applicants and, indeed, used by them. Thus, the Court notes that the applicants ’ grievances were examined by the domestic authorities on two levels of jurisdiction according to the procedure described in the Domján decision (cited above). Those authorities took into account the duration of the time spent in, and the inconveniences sustained in relation to, the inadequate conditions of detention and awarded compensation accordingly. The applicants are nevertheless dissatisfied with the awards.

The Court observes that the amounts were calculated by the domestic authorities in accordance with the compensation scheme contemplated in the Domján decision (cited above). The Court is therefore satisfied that the applicants have been afforded adequate redress and can no longer claim to be victims of a violation of their rights under Articles 3 and 13 of the Convention. It follows that the applications are 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,

Decides to join the applications;

Declares the application s inadmissible.

Done in English and notified in writing on 8 November 2018 .

Liv Tigerstedt Georges Ravarani Acting Deputy Registrar President

APPENDIX

No.

Application no.

Date of introduction

Applicant ’ s name

Date of birth

Representative

Facility

Start and end date

Duration

Sq. m. per inmate

Specific grievances

Domestic award

(in euros)

Other complaints under well-established case-law

18203/14

24/02/2014

Szilárd Rajkai

02/01/1980

Fahidi Gergely

Budapest

Budapest Correctional Facility, Block III. ("Maglódi/Venyige")

19/04/2011 to 15/10/2012

1 year(s) and 5 month(s) and 27 day(s)

Budapest Prison

15/10/2012 to19/05/2014

1 year(s) and 7 month(s) and 5 day(s)

Márianosztra Prison

19/05/2014

pending

More than 4 year(s) and 3 month(s) and 30 day(s)

3.75 m²

2.6 m²

2.4 m²

toilet not separated from the rest of the cell

toilet not separated from the rest of the cell, infestation of the cell with insects

6,400

Article 13 –lack of an effective domestic remedy

42558/14

29/04/2014

András Balogh

11/04/1971

Patócs Ilona

Tapolca

Pálhalma Prison, Sándorháza Block

21/03/2012 to 07/10/2014

2 year(s) and 6 month(s) and 17 day(s)

2.8 m²

5 euros/day

45763/14

17/06/2014

Victor Gabor

20/06/1987

Fahidi Gergely

Budapest

Budapest Prison

13/08/2013 to 16/10/2014

1 year(s) and 2 month(s) and 4 day(s)

2,6 m²

no proper separation of toilet, cockroaches, bedbugs

8,500

Article 13 –lack of an effective domestic remedy

49247/14

03/07/2014

Elemér Rostás

23/12/1982

Fahidi Gergely

Budapest

Budapest Prison, Block "A"

11/04/2011 to 06/10/2014

3 year(s) and 5 month(s) and 26 day(s)

Budapest Prison, Block "B"

06/10/2014

pending

More than 3 year(s) and 11 month(s) and 12 day(s)

2,6 m²

2,5 m²

no proper separation of toilet, cockroaches, bedbugs, only cold water in cell

shower only once a week, cockroaches, bedbugs

13,300

Article 13 –lack of an effective domestic remedy

59015/14

21/08/2014

Róbert László Jakubinyi

28/05/1953

Fahidi Gergely

Budapest

Budapest Prison, Block "A"

01/07/2013 to 20/06/2014

11 month(s) and 20 day(s)

2,6 m²

no proper separation of toilet, shower only once a week, cockroaches, bedbugs, only cold water in cell

1,800

59989/14

25/08/2014

Heinz Dietmar Georg Busch

17/06/1983

Szabo Kalman

Győr

Győr-Moson-Sopron County Prison

20/07/2007 to 25/03/2008

8 month(s) and 6 day(s)

Győr-Moson-Sopron County Prison

31/03/2008 to 04/02/2009

10 month(s) and 5 day(s)

Győr-Moson-Sopron County Prison

17/02/2009 to 12/03/2009

24 day(s)

Győr-Moson-Sopron County Prison

19/03/2009 to 25/05/2009

2 month(s) and 7 day(s)

Győr-Moson-Sopron County Prison

31/08/2009 to 05/10/2009

1 month(s) and 6 day(s)

Győr-Moson-Sopron County Prison

04/01/2010 to 04/06/2010

5 month(s) and 1 day(s)

Győr-Moson-Sopron County Prison

02/07/2010 to 10/09/2010

2 month(s) and 9 day(s)

Győr-Moson-Sopron County Prison and Sopronkőhida Prison

13/09/2010 to 28/04/2011

7 month(s) and 16 day(s)

Sopronkőhida Prison and Győr-Moson-Sopron County Prison

19/08/2011 to 05/09/2011

18 day(s)

Sopronkőhida Prison and Győr-Moson-Sopron County Prison

26/08/2012 to 08/10/2012

1 month(s) and 13 day(s)

Sopronkőhida Prison and Győr-Moson-Sopron County Prison

06/02/2014 to 24/02/2014

19 day(s)

Győr-Moson-Sopron County Prison

14/07/2014 to 28/07/2014

15 day(s)

2 m²

2.5 m²

2.6 m²

2.3 m²

2 m²

2.6 m²

2.9 m²

2.3 m²

2 m²

2.6 m²

only cold water in cell, no proper separation of toilet, cockroaches, bedbugs

7,000

14937/15

19/03/2015

Andrea Vizi

07/09/1972

Kalló Péter

Budapest

Bács-Kiskun County Prison and Kalocsa Prison

30/03/2011 to 27/03/2015

3 year(s) and 11 month(s) and 28 day(s)

2.2 m²

toilet not separated from the rest of the cell

2,200

20025/15

06/03/2015

Tamás Fulai

26/04/1993

Cech András

Budapest

Szeged Prison

06/12/2012 to 10/01/2013

1 month(s) and 5 day(s)

Juvenile Correctional Facility, Kecskemét

04/02/2013 to 12/03/2013

1 month(s) and 9 day(s)

Juvenile Correctional Facility, Tököl and Szeged Prison

22/04/2013 to 18/11/2013

6 month(s) and 28 day(s)

Juvenile Correctional Facility, Tököl and Szeged Prison

26/11/2013 to 19/09/2014

9 month(s) and 25 day(s)

Budapest Prison, Block "B"

22/09/2014 to 13/10/2014

22 day(s)

Szeged Prison

15/10/2014

pending

More than 3 year(s) and 11 month(s) and 3 day(s)

2.4 m²

2.5 m²

3.1 m²

2.5 m²

infestation of the cell with insects

toilet not separated from the rest of the cell, infestation of the cell with insects

only cold water in cell

toilet not separated from the rest of the cell, only cold water in cell

3,700

Article 13 –lack of an effective domestic remedy

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RAJKAI AND OTHERS v. HUNGARY

RAJKAI AND OTHERS v. HUNGARY

LEXI