Resolution ResDH(2006)48 concerning the judgment of the European Court of Human Rights of 13 January 2004 (final on 13 April 2004) in the case of Németh against Hungary

(Adopted by the Committee of Ministers on 19 July 2006, at the 970th meeting of the Ministers ' Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Németh case delivered on 13 January 2004 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 60037/00) against Hungary, lodged with the European Court of Human Rights on 5 June 2000 under Article 34 of the Co n vention by Mr László Németh , a Hungarian national, and that the Court declared admissible the complaint relating to the excessive length of certain criminal proceedings;

Whereas in its judgment of 13 January 2004 the Court unanimously:

- held that there had been a violation of Article 6, paragraph 1, of the Convention;

- held that the government of the respondent state was to pay the applicant, within three months from the date the judgment became final, 6,500 euros in respect of non-pecuniary damage, to be converted into the national currency at the rate applicable on the date of payment, and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant ' s claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the mea s ures which had been taken in consequence of the judgment of 13 January 2004, having regard to Hungary ' s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Whereas the government of the respondent state drew the Committee ' s attention to the fact that, on account of the specific circumstances of the case, they considered that t he violation of Article 6, paragraph 1, found in this case did not in itself indicate structural shortcomings in Hungary ' s administration of justice concerning the length of criminal proceedings and that new similar violations of the Convention could be avoided for the future by informing the authorities concerned of the requirements of the Convention: copies of the judgment had accordingly been sent out to the Office of the National Judicial Council for dissemination to the competent courts; in addition, the Court ' s judgment has been published o n the website of the Ministry of Justice www.im.hu ;

Having satisfied itself that on 10 March 2004, within the time-limit set, the government of the respondent state had paid the a p plicant the sum provided for in the judgment of 13 January 2004,

Declares, after having examined the information supplied by the Government of Hungary, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.