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KOVÁCS v. HUNGARY
Doc ref: 6880/20 • ECHR ID: 001-215207
Document date: December 9, 2021
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KOVÁCS v. HUNGARY
Doc ref: 6880/20 • ECHR ID: 001-215207
Document date: December 9, 2021
Cited paragraphs only
FIRST SECTION
DECISION
Application no. 6880/20 Elvira KOVÁCS against Hungary
(see appended table)
The European Court of Human Rights (First Section), sitting on 9 December 2021 as a Committee composed of:
Erik Wennerström, President, Lorraine Schembri Orland, Ioannis Ktistakis, judges,
and Attila Teplán, Acting Deputy Section Registrar,
Having regard to the above application lodged on 25 January 2020,
Having regard to the observations submitted by the respondent Government,
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 Z. Bene, a lawyer practising in Szeged.
The applicant’s complaints under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communicated to the Hungarian Government (“the Government”).
THE LAW
Complaints under Article 6 § 1 of the Convention (excessive length of criminal proceedings)
In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the respondent Government cannot be held liable for the protraction of the case.
In particular, the Court notes that both the first and the second instance courts took into account, when sentencing the applicant, the undue length of the trial as an important mitigating factor, and ultimately imposed only an eight-month prison term, suspended for a year. In these circumstances, the Court is satisfied that the violation has been acknowledged by the domestic authorities, adequate redress has been afforded and, consequently, the applicant can no longer claim to be a victim of a violation of her Convention rights.
In view of the above, the Court finds that these complaints are incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 §§ 3 and 4 thereof.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 13 January 2022.
Attila Teplán Erik Wennerström Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(excessive length of criminal proceedings)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
6880/20
25/01/2020
Elvira KOVÁCS
1988Bene Zoltán
Szeged
21/02/2011
23/11/2020
9 year(s) and 9 month(s) and 3 day(s) 2 level(s) of jurisdiction
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