RAFFAEL AND OTHERS v. HUNGARY
Doc ref: 48641/22;49940/22;49960/22;50390/22;52559/22;52568/22;55484/22;1321/23;3313/23;8306/23 • ECHR ID: 001-225957
Document date: June 15, 2023
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FIRST SECTION
DECISION
Application no. 48641/22 Henrik RAFFAEL against Hungary and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 15 June 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 6 July 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]
48641/22
10/10/2022
Henrik RAFFAEL
1985Borsos Tamás
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
24/04/2023
15/12/2022
2,600
49940/22
10/10/2022
Lajos GALAMBOS
1953Molnár Lajos
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
11/04/2023
15/02/2023
7,800
49960/22
17/10/2022
Gergely MAGYAR
1978Tóth Attila Tas
Budapest
17/02/2023
20/04/2023
6,500
50390/22
19/10/2022
László BUNCSIK
1984Kiss Gábor H.
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
14/04/2023
16/12/2022
10,400
52559/22
29/10/2022
István SZILVÃSY
1960Kende Péter
Budapest
18/04/2023
18/04/2023
2,600
52568/22
02/11/2022
Kanu SYLVANUS
1969Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
19/04/2023
09/01/2023
2,000
55484/22
18/11/2022
Elemér Gyula BUDAI
1992Fahidi Gergely
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
19/05/2023
20/04/2023
2,700
1321/23
28/12/2022
Tamás FINTA
1975Finta Eszter Klára
Budapest
09/05/2023
12/05/2023
5,200
3313/23
10/01/2023
László VASS
1985Finta Eszter Klára
Budapest
19/05/2023
12/05/2023
4,600
8306/23
08/02/2023
Anita NÉMETH
1977Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
23/05/2023
20/04/2023
3,900
[1] Plus any tax that may be chargeable to the applicants.