KAPCSA AND OTHERS v. HUNGARY
Doc ref: 54148/21;54449/21;54451/21;56497/21;57766/21;58166/21;60901/21;60917/21;60942/21;7708/22 • ECHR ID: 001-219889
Document date: September 8, 2022
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FIRST SECTION
DECISION
Application no. 54148/21 Ferencné KAPCSA against Hungary and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 8 September 2022 as a Committee composed of:
Krzysztof Wojtyczek , President,
Erik Wennerström ,
Lorraine Schembri Orland , judges,
and Attila Teplán, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants 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 the friendly-settlement declarations, signed by the parties, under which the applicants 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 cases 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 29 September 2022.
Attila Teplán Krzysztof Wojtyczek 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
Year 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]
54148/21
26/10/2021
Ferencné KAPCSA
1955Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
04/07/2022
21/03/2022
4,600
54449/21
25/10/2021
Attiláné TÓTH
1976Kozák Andrea
Miskolc
04/07/2022
07/04/2022
1,800
54451/21
25/10/2021
László Miklós BÍRÓ
1952Kozák Andrea
Miskolc
04/07/2022
07/04/2022
1,800
56497/21
11/11/2021
Zoltán Sándor KOVÁCS
1969Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
28/06/2022
14/04/2022
5,200
57766/21
22/11/2021
Zsuzsanna GROMOLYA
1985Szabó Gábor
Göd
28/06/2022
19/04/2022
3,300
58166/21
15/11/2021
Rita BÖKÖNYI
1976Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
11/07/2022
06/04/2022
5,500
60901/21
26/11/2021
Krisztián DIMITER ‑ SZTANEV
1977Bihari István
Budapest
11/07/2022
14/07/2022
8,200
60917/21
30/11/2021
Zsuzsanna Borbála HARTMATH
1968Gál-Bene Ildikó
Nagykáta
11/07/2022
25/05/2022
9,100
60942/21
08/12/2021
Előd Sándor GERLEFALVI-NAGY
1972Bene Zoltán
Szeged
28/06/2022
13/04/2022
6,500
7708/22
21/01/2022
Antal Péter GERA
1976Visontai Csongor
Budapest
11/07/2022
13/06/2022
4,600
[1] Plus any tax that may be chargeable to the applicants.