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RAFAEL v. HUNGARY

Doc ref: 10038/21 • ECHR ID: 001-214143

Document date: November 10, 2021

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RAFAEL v. HUNGARY

Doc ref: 10038/21 • ECHR ID: 001-214143

Document date: November 10, 2021

Cited paragraphs only

FIRST SECTION

DECISION

Application no. 10038/21 Attila Károly RAFAEL

against Hungary

(see appended table)

The European Court of Human Rights (First Section), sitting on 10 November 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 9 February 2021,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Ms I. Patócs, a lawyer practising in Tapolca.

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.

The Court notes that the domestic courts took into account, as an important mitigating factor, the undue length of the prosecution. In particular, the third-instance court specifically applied a 6-month reduction of the sentence imposed at second instance for this reason. The domestic authorities thus acknowledged the violation and provided adequate redress; and the applicant can no longer claim to be a victim of a violation of his rights under Article 6 § 1 of the Convention.

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 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 2 December 2021.

{signature_p_2}

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

10038/21

09/02/2021

Attila Károly RAFAEL

1975Patócs Ilona

Tapolca

01/06/2014

24/03/2021

6 year(s) and 9 month(s) and 24 day(s)

3 level(s) of jurisdiction

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