JAKUBINYI AND OTHERS v. HUNGARY
Doc ref: 31142/22;33426/22;38049/22;38265/22;45307/22;47077/22;48645/22;48653/22;53354/22;53924/22;55009/22 • ECHR ID: 001-225392
Document date: May 17, 2023
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FIRST SECTION
DECISION
Application no. 31142/22 Róbert László JAKUBINYI against Hungary and 10 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 17 May 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 6 § 1 of the Convention concerning the excessive length of criminal proceedings 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 8 June 2023.
Attila Teplán Alena PoláÄková 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]
31142/22
13/06/2022
Róbert László JAKUBINYI
1953Fahidi Gergely
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
06/04/2023
29/09/2022
7,800
33426/22
01/07/2022
Lajos BARANYI
1949Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
17/03/2023
19/12/2022
2,600
38049/22
27/07/2022
Gábor OROSZ
1981Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
17/03/2023
13/02/2023
2,600
38265/22
25/07/2022
Zoltán KÖKÉNY
1990Nagy Judit Szilvia
Budapest
07/02/2023
22/03/2023
5,200
45307/22
05/09/2022
András Gábor GÃBRYEL
1973Cseterics Krisztián
Budapest
21/02/2023
04/04/2023
2,000
47077/22
29/09/2022
Éva PENDL
1967Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
29/03/2023
09/12/2022
6,500
48645/22
30/09/2022
György GYARMATI
1953Fahidi Gergely
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
06/04/2023
19/02/2023
7,800
48653/22
29/09/2022
György GÉRINGER
1967Cseterics Krisztián
Budapest
06/04/2023
16/01/2023
2,700
53354/22
09/11/2022
Péter Zoltán VIZI
1980N. Tóth Máté
Budapest
23/03/2023
08/03/2023
4,600
53924/22
16/11/2022
GergÅ‘ Dávid TÅKÉS
1987N. Tóth Máté
Budapest
23/03/2023
13/03/2023
4,600
55009/22
09/11/2022
Csaba BERTA
1968N. Tóth Máté
Budapest
03/04/2023
16/03/2023
4,600
[1] Plus any tax that may be chargeable to the applicants.