BENKÓ AND OTHERS v. HUNGARY
Doc ref: 466/21;9301/21;17307/21;17312/21;17316/21;17330/21;17837/21;21288/21;22938/21;26829/21 • ECHR ID: 001-215219
Document date: December 9, 2021
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FIRST SECTION
DECISION
Application no. 466/21 Attila BENKÓ
against Hungary and 9 other applications
(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 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. ature_p_1}
Done in English and notified in writing on 13 January 2022.
{signature_p_2}
Attila Teplán Erik Wennerström 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]
466/21
25/11/2020
Attila BENKÓ
1971Magyar György Csaba
Gyula
16/09/2021
02/08/2021
6,500
9301/21
25/01/2021
Dominika BALOGH
1977Kiss Dominika Szilvia
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
16/09/2021
25/06/2021
7,300
17307/21
19/03/2021
Géza Ferenc DREXLER
1976Bihari István
Budapest
07/09/2021
13/09/2021
7,300
17312/21
19/03/2021
Tamás MAHLER
1970Bihari István
Budapest
07/09/2021
15/09/2021
7,300
17316/21
19/03/2021
Nikola Gabriella MAHLERNÉ JANKOVICS
1976Bihari István
Budapest
29/09/2021
14/09/2021
7,300
17330/21
17/03/2021
József András ERDEI
1978Tímár Mátyás
Nagykőrös
25/10/2021
30/08/2021
3,300
17837/21
26/03/2021
Csaba VASAS
1973Fekete S. Tamás
Budapest
26/10/2021
25/10/2021
7,800
21288/21
13/04/2021
Maximilian SHEFFIELD
1983Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
14/10/2021
12/07/2021
5,200
22938/21
08/04/2021
Krisztina Terézia FODOR
1975Timár Mátyás Sándor
Nagykőrös
25/10/2021
17/09/2021
3,900
26829/21
07/05/2021
István GUTTYÁN
1979Visontai Csongor
Budapest
12/10/2021
02/09/2021
5,200
[1] Plus any tax that may be chargeable to the applicants.