CASE OF NÉMETH AND OTHERS v. HUNGARY
Doc ref: 21869/14;24706/14;31627/14;57475/14;76561/14;77693/14;32205/16;55534/16;3249/17 • ECHR ID: 001-188395
Document date: December 20, 2018
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FOURTH SECTION
CASE OF NÉMETH AND OTHERS v. HUNGARY
( Application no. 21869/14 and 8 others - see appended list )
JUDGMENT
STRASBOURG
20 December 2018
This judgment is final but it may be subject to editorial revision.
In the case of Németh and Others v. Hungary ,
The European Court of Human Rights ( Fourth Section ), sitting as a Committee composed of:
Georges Ravarani, President, Marko Bošnjak , Péter Paczolay , judges , and Liv Tigerstedt Acting Deputy Section Registrar ,
Having deliberated in private on 29 November 2018 ,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in applications against Hungary lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.
2. Notice of the applications was given to the Hungarian Government (“the Government”).
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. The applicants complained of the excessive length of criminal proceedings . In application no. 76561/14 , the applicant also raised other complaints under the Convention.
THE LAW
I. JOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
II. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION
6. The applicants complained principally that the length of the criminal proceedings in question had been incompatible with the “reasonable time” requirement. They relied on Article 6 § 1 of the Convention, which reads as follows:
Article 6 § 1
“In the determination of ... any criminal charge against him, everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal...”
7. The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicants and the relevant authorities and what was at stake for the applicants in the dispute (see, among many other authorities, Pélissier and Sassi v. France [GC], no. 25444/94, § 67, ECHR 1999 ‑ II, and Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000 ‑ VII).
8. In the leading case of Barta and Drajkó v. Hungary, no. 35729/12, 17 December 2013, the Court already found a violation in respect of issues similar to those in the present case.
9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the proceedings was excessive and failed to meet the “reasonable time” requirement.
10. These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention.
III. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
11. In application no. 76561/14 , the applicant submitted another complaint under Article 13 of the Convention which also raised issues, given the relevant well-established case-law of the Court (see appended table). This complaint is not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor is it inadmissible on any other ground. Accordingly, it must be declared admissible. Having examined all the material before it, the Court concludes that it also discloses a violation of the Convention in the light of its findings in Barta and Drajkó ( cited above , § § 25 -26 ).
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
12. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
13. Regard being had to the documents in its possession and to its case ‑ law, the Court finds it reasonable to award the sums indicated in the appended table.
14. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.
FOR THESE REASONS, THE COURT , UNANIMOUSLY,
1. Decides to join the applications;
2. Declares the applications admissible;
3. Holds that these applications disclose a breach of Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings ;
4. Holds that there has been a violation of Article 13 of the Convention in application no. 76561/14 ;
5. Holds
(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English, and notified in writing on 20 December 2018 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Liv Tigerstedt Georges Ravarani
Acting D eputy 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
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
Other complaints under well-established case-law
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros) [1]
21869/14
19/04/2014
Szabolcs Németh
30/07/1981
26/11/2006
17/12/2013
7 year(s) and 22 day(s) 2 level(s) of jurisdiction
3,000
24706/14
19/03/2014
Sándorné Molnár
11/08/1953
Pintér András
Budapest
16/12/1996
23/09/2013
16 year(s) and 9 month(s) and 8 day(s) 2 level(s) of jurisdiction
12,000
31627/14
10/04/2014
Gábor Seprényi
30/01/1982
Borsos Tamás
Budapest
23/11/2009
02/12/2013
4 year(s) and 10 day(s) 1 level(s) of jurisdiction
2,000
57475/14
08/08/2014
Jenő Farkas
07/03/1954
17/08/2000
26/09/2014
14 year(s) and 1 month(s) and 10 day(s) 2 level(s) of jurisdiction
9,000
76561/14
04/12/2014
Attila Földes-Szabó
18/11/1969
02/12/2009
31/03/2016
6 year(s) and 3 month(s) and 30 day(s) 2 level(s) of jurisdiction
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings -
2,500
77693/14
03/12/2014
(3 applicants)
Sándor Birta
16/08/1960
Árpád TISZA
06/06/1977
István SZÁRAZ
11/07/1947
Koós László Zoltán
Debrecen
25/03/2009
29/05/2014
5 year(s) and 2 month(s) and 5 day(s) 2 level(s) of jurisdiction
2,000
32205/16
26/05/2016
Gábor Imrefalvi
11/11/1951
Tóth Gábor
Győr
21/01/2004
28/09/2015
11 year(s) and 8 month(s) and 8 day(s) 1 level(s) of jurisdiction
9,000
55534/16
15/09/2016
Tibor Héja
21/04/1956
Tóth Zoltán Mátyás
Budapest
27/03/2009
20/04/2016
7 year(s) and 25 day(s) 3 level(s) of jurisdiction
1,500
3249/17
07/01/2017
Githii Mweru
01/01/1971
Fazekas Tamás
Budapest
28/08/2011
07/07/2016
4 year(s) and 10 month(s) and 10 day(s) 1 level(s) of jurisdiction
1,800
[1] . Plus any tax that may be chargeable to the applicants.