Lexploria

FIRST SECTION

CASE OF SZABBAH AND OTHERS v. HUNGARY

(Applications nos. 41602/17 and 9 others - see appended list)

JUDGMENT

STRASBOURG

31 March 2022

This judgment is final but it may be subject to editorial revision.

In the case of Szabbah and Others v. Hungary,

The European Court of Human Rights (First Section), sitting as a Committee composed of:

Alena Poláčková, President, Raffaele Sabato, Davor Derenčinović, judges, and Attila Teplán, Acting Deputy Section Registrar,

Having deliberated in private on 10 March 2022,

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. The Hungarian Government (“the Government”) were given notice of the applications.

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 their pre-trial detention. Some applicants also raised other complaints under the provisions of the Convention.

THE LAW

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

6. The applicants complained principally that their pre-trial detention had been unreasonably long. They relied on Article 5 § 3 of the Convention, which reads as follows:

Article 5 § 3

“3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be ... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.”

7. The Court observes that the general principles regarding the right to trial within a reasonable time or to release pending trial, as guaranteed by Article 5 § 3 of the Convention, have been stated in a number of its previous judgments (see, among many other authorities, KudÅ‚a v. Poland [GC], no. 30210/96, § 110, ECHR 2000 ‑ XI, and McKay v. the United Kingdom [GC], no. 543/03, §§ 41-44, ECHR 2006 ‑ X, with further references).

8. In the leading cases of Gál v. Hungary, no. 62631/11, 11 March 2014 and Lakatos v. Hungary, no. 21786/15, 26 June 2018, 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 on 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 applicants’ pre-trial detention was excessive.

10. These complaints are therefore admissible and disclose a breach of Article 5 § 3 of the Convention.

11. Some applicants submitted further complaints under Article 5 § 4 of the Convention which also raised issues, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in among many authorities, Bandur v. Hungary , no. 50130/12, §§ 79 to 85, 5 July 2016.

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 (see, in particular, Gál, cited above), the Court considers 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,

(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 31 March 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Attila Teplán Alena Poláčková

Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 5 § 3 of the Convention

(excessive length of pre-trial detention)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Period of detention

Length of detention

House arrest

Start and end date

Other complaints under well ‑ established case-law

Amount awarded for pecuniary and non ‑ pecuniary damage and costs and expenses per applicant

(in euros) [1]

41602/17

31/05/2017

Dániel SZABBAH

1992Karsai Dániel András

Budapest

12/06/2014 to

12/12/2014

22/12/2014 to

11/08/2015

19/08/2015 to

15/10/2015

6 month(s) and 1 day(s)

7 month(s) and 21 day(s)

1 month(s) and 27 day(s)

12/12/2014-22/12/2014

and

15/10/2015-26/05/2017

1,800

9599/21

02/02/2021

Zsanett HORVÁTH

1989Karsai Dániel András

Budapest

06/09/2017 to

09/04/2021

3 year(s) and 7 month(s) and 4 day(s)

4,900

9608/21

29/01/2021

Viola MEZŐ

1990Karsai Dániel András

Budapest

05/04/2019

pending

More than 2 year(s) and 10 month(s) and 4 day(s)

4,000

12008/21

11/02/2021

János Norbert BODNÁR

1991Kiss Dominika Szilvia

Budapest

31/01/2019

pending

More than 2 year(s) and 11 month(s) and 25 day(s)

3,900

12023/21

11/02/2021

Máté Mihály GÉMES

1988Karsai Dániel András

Budapest

02/06/2019

pending

More than 2 year(s) and 8 month(s) and 7 day(s)

Art. 6 (1) - excessive length of criminal proceedings

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

4,900

17702/21

26/03/2021

Anita KIRÁLY

1978Kiss Dániel Bálint

Budapest

25/01/2018 to

05/10/2021

3 year(s) and 8 month(s) and 11 day(s)

Art. 5 (4) - excessive length of judicial review of detention - The 6-month, 1 ‑ year and 1.5-year reviews of detention took place 14, 35 and 49 days too late. The appeals on the continuation of detention were examined in 3 and 4 months

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

Art. 6 (1) - excessive length of criminal proceedings

6,600

17705/21

26/03/2021

Csaba KIRÁLY

1970Kiss Dániel Bálint

Budapest

25/01/2018 to

05/10/2021

3 year(s) and 8 month(s) and 11 day(s)

Art. 5 (4) - excessive length of judicial review of detention - The 6-month, 1 ‑ year and 1.5-year reviews of detention took place 14, 35 and 49 days too late. The appeals on the continuation of detention were examined in 3 and 4 months.

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

Art. 6 (1) - excessive length of criminal proceedings

6,600

18988/21

25/03/2021

László Szilárd BEDŐ

1978Kiss Dominika Szilvia

Budapest

25/04/2019 to

21/05/2021

2 year(s) and 27 day(s)

Art. 5 (4) - excessive length of judicial review of detention - The applicant’s appeal against the decision maintaining the detention after the indictment was decided on with a delay of 2.5 months. His appeal against the decision maintaining the detention after the 6 ‑ month review was decided on with a delay of 2 months.

3,500

20976/21

12/04/2021

József HORVÁTH

1975Kiss Dominika Szilvia

Budapest

21/06/2019 to

17/06/2021

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

Art. 5 (4) - excessive length of judicial review of detention - The 6-month review of detention took place 34 days, the 1-year review 41 days after the deadline. His appeals were also decided after more than 2 months.

3,400

21388/21

16/04/2021

Melinda KOLOMPÁR

1988Karsai Dániel András

Budapest

18/07/2018

pending

More than 3 year(s) and 6 month(s) and 22 day(s)

4,800

[1] Plus any tax that may be chargeable to the applicants.