Resolution ResDH (2003)132

concerning the judgment of the European Court of Human Rights of 11 January 2001 (final on 11 April 2001) in the case of Magyar against Hungary

(Adopted by the Committee of Ministers on 22 July 2003 at the 847th 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 Magyar case delivered on 11 January 2001 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. 32396/96) against Hungary, lodged with the European Commission of Human Rights on 9 August 1993 under former Article 25 of the Co n vention by Mr Lajos Magyar , a Hungarian national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the excessive length of certain civil proceedings relating to the expropriation of the applicant's house;

Whereas in its judgment of 11 January 2001 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 at which the judgment became final, 1 000 000 Hungarian forint in respect of non-pecuniary damage; 250 000 Hungarian forint in respect of costs and expenses and that simple interest at an annual rate of 12% would be payable on those sums 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 11 January 2001, having regard to Hungary’s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Whereas the request for acceleration of the impugned proceedings has been conveyed by the Government to the Supreme Court to ensure that the present case is henceforth examined with due diligence;

Whereas the government also drew the Committee’s attention to the fact that, on account of the specific circumstances of the case, the following general measures are sufficient to prevent new similar violations for the future: copies of the judgment of the European Court (in Hungarian translation) were transmitted to courts and the National Council, and the judgment was included in the curriculum of magistrates' training; the judgment was furthermore published in the official gazette Decisions of the Court (No. 2001/5), in the Human Rights periodical Fundamentum (No. 2001/1) and on the official internet site of the Ministry of Justice ( www.im.hu/magyar );

Having satisfied itself that on 12 June 2001, within the time-limit set, the government of the respondent state had paid the a p plicant the sums provided for in the judgment of 11 January 2001,

Declares, after having taken note of 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.