CSAPÓ AND OTHERS v. HUNGARY
Doc ref: 34069/22;36194/22;38167/22;39826/22;41037/22;41459/22;42107/22;46257/22;46822/22;46823/22;50386/22 • ECHR ID: 001-224789
Document date: April 6, 2023
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FIRST SECTION
DECISION
Application no. 34069/22 Dániel Márk CSAPÓ against Hungary and 10 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 6 April 2023 as a Committee composed of:
Alena PoláÄková, President, Gilberto Felici, Raffaele Sabato, 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 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Hungarian Government (“the Governmentâ€). 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.
Done in English and notified in writing on 11 May 2023.
Attila Teplán Alena PoláÄková Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 5 § 3 of the Convention
(excessive length of pre-trial detention)
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]
34069/22
05/07/2022
Dániel Márk CSAPÓ
1996Kiss Dániel Bálint
Budapest
21/02/2023
15/11/2022
4,200
36194/22
15/07/2022
György Béla BERÉNYI
1985Kiss Dominika Szilvia
Budapest
21/02/2023
02/11/2022
4,000
38167/22
01/08/2022
András SZABÓ
1980Karsai Dániel András
Budapest
15/02/2023
12/12/2022
4,000
39826/22
09/08/2022
András CETÅ
1982Kiss Dániel Bálint
Budapest
09/12/2022
16/01/2023
3,800
41037/22
17/08/2022
Szilvia Renáta PAPP
1992Karsai Dániel András
Budapest
Art. 6 (1) - excessive length of criminal proceedings - The applicant is subject to criminal proceedings since 27/03/2019. No first instance decision has been adopted in her case.
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings.
14/03/2023
25/01/2023
5,600
41459/22
23/08/2022
Gábor PELYHE
1983Karsai Dániel András
Budapest
01/03/2023
08/12/2022
3,400
42107/22
25/08/2022
László VARGA
1985Kiss Dániel Bálint
Budapest
07/02/2023
30/11/2022
3,800
46257/22
20/09/2022
Lajos Zsolt ROSTÃS
1976Kiss Dániel Bálint
Budapest
Art. 6 (1) - excessive length of criminal proceedings - The applicant is subject to criminal proceedings since 04/07/2019. No first instance decision yet.
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings.
14/03/2023
12/12/2022
5,100
46822/22
27/09/2022
Roland VIGLÃSI
1987Kiss Dániel Bálint
Budapest
26/01/2023
23/11/2022
3,900
46823/22
27/09/2022
László VADÃSZI
1978Kiss Dániel Bálint
Budapest
Art. 5 (4) - excessive length of judicial review of detention - The obligatory 6-month review was carried out with a delay of 44 days while the
1 year review with a delay of 76 days.
10/02/2023
28/11/2022
4,600
50386/22
19/10/2022
Benjámin Csaba SZÅNYE
1999Kiss Dániel Bálint
Budapest
01/03/2023
21/02/2023
4,000
[1] Plus any tax that may be chargeable to the applicants.