Chumakov v. Hungary

FOURTH SECTION

Application no. 52602/17 Mikhail Andreevich CHUMAKOV against Hungary

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 29 August 2019 as a Committee composed of:

Stéphanie Mourou-Vikström, President, Georges Ravarani, Jolien Schukking, judges, and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 14 July 2017,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr D. Ábrahám, a lawyer practising in Budapest.

The applicant’s complaints under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communicated to the Hungarian Government (“the Government”).

THE LAW

Complaints under Article 6 § 1 of the Convention (excessive length of criminal proceedings)

In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the respondent Government cannot be held liable for the protraction of the proceedings.

In particular, the Court notes that the domestic courts recognised the undue length of the trial and took this element into account, when sentencing the applicant, as an important mitigating factor at both first and second instance. In these circumstances, the Court is satisfied that the violation of the applicant’s Convention rights has been expressly acknowledged and adequately redressed. Consequently, the applicant can no longer claim to be a victim for the purposes of Article 34 of the Convention.

In view of the above, the Court finds that these complaints are incompatible ratione personae with the provision of the Convention and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 19 September 2019.

Liv Tigerstedt Stéphanie Mourou-Vikström Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(excessive length of criminal proceedings)

Application no.

Date of introduction

Applicant’s name

Date of birth

Representative’s name and location

Start of proceedings

End of proceedings

Total length

Levels of jurisdiction

52602/17

14/07/2017

Mikhail Andreevich Chumakov

01/03/1961

Ábrahám Dániel

Budapest

17/08/2013

14/11/2018

5 year(s) and 2 month(s) and

29 day(s)

2 level(s) of jurisdiction