BENEDEK AND OTHERS v. HUNGARY
Doc ref: 53457/22;229/23;2385/23;4274/23;6674/23;8628/23;9784/23;9893/23;13488/23;14555/23 • ECHR ID: 001-228554
Document date: September 28, 2023
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FIRST SECTION
DECISION
Application no. 53457/22 György BENEDEK against Hungary and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 28 September 2023 as a Committee composed of:
Krzysztof Wojtyczek , President , Lətif Hüseynov, Ivana Jelić , 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 19 October 2023.
Attila Teplán Krzysztof Wojtyczek 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]
53457/22
28/10/2022
György BENEDEK
1973Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
21/07/2023
25/05/2023
3,900
229/23
20/12/2022
Attila Ãrpád SIRÃK
1979Kiss Gábor H.
Budapest
03/08/2023
19/06/2023
5,200
2385/23
29/12/2022
Lajos BARANYI
1974Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
17/07/2023
25/05/2023
9,100
4274/23
09/01/2023
Márta SÓS
1954Kiss Attila
Budapest
24/07/2023
07/07/2023
4,600
6674/23
06/01/2023
Róbert László JAKUBINYI
1953Fahidi Gergely
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
28/07/2023
29/05/2023
3,600
8628/23
07/02/2023
Sándor GÃL
1977Kiss Gábor H.
Budapest
17/07/2023
30/05/2023
3,600
9784/23
22/02/2023
Antal SZRENKA
1981Zsigmond György
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
17/07/2023
18/06/2023
3,900
9893/23
22/02/2023
Béla BARANYI
1989Zsigmond György
Budapest
01/08/2023
18/06/2023
9,100
13488/23
17/03/2023
Attila Gábor SOMHEGYI
1968Finta Eszter Klára
Budapest
29/08/2023
14/06/2023
7,300
14555/23
22/03/2023
Ãrpád HORVÃTH
1987Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
03/08/2023
19/06/2023
2,600
[1] Plus any tax that may be chargeable to the applicants.