lagen.nu
no. 49233/19

Lengyel and Others v. Hungary

Struck out of the list

Domstol
European Court of Human Rights
Avgörandedatum
2020-04-30
ECLI
ECLI:CE:ECHR:2020:0430DEC004923319
Artiklar
5, 5-3, 39
Källa
hudoc.echr.coe.int

Berörda konventionsartiklar

FOURTH SECTION

Application no. 49233/19 Nándor György LENGYEL against Hungary and 9 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 30 April 2020 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 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 Government”).

The Court received friendly-settlement declarations 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.

Liv Tigerstedt Stéphanie Mourou-Vikström 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

Date of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for non-pecuniary damage and costs and expenses per applicant

(in euros) [1]

49233/19

11/09/2019

Nándor György LENGYEL

02/12/1985

Karsai Dániel András

Budapest

02/03/2020

25/11/2019

2,500

51165/19

25/09/2019

Bence SZÉCSI

19/06/1996

Kiss Dominika Szilvia

Budapest

13/03/2020

11/12/2019

2,100

51168/19

24/09/2019

Patrik VILLAND

10/05/1995

Kiss Dominika Szilvia

Budapest

02/03/2020

10/12/2019

3,800

51384/19

26/09/2019

Attila KURUCZ

14/02/1963

Karsai Dániel András

Budapest

09/03/2020

19/12/2019

4,300

53125/19

25/09/2019

Richard Olivér GALAMBOS

23/12/1991

Kiss Dániel Bálint

Budapest

20/03/2020

17/12/2019

2,200

53733/19

07/10/2019

Attila Sándor KOLOMPÁR

26/12/1994

Kiss Dominika Szilvia

Budapest

31/01/2020

19/12/2019

2,600

54075/19

07/10/2019

István RAPPORT

26/12/1974

Kiss Dominika Szilvia

Budapest

11/03/2020

02/01/2020

3,500

56449/19

17/10/2019

András SZITAI

24/05/1986

Karsai Dániel András

Budapest

25/02/2020

06/01/2020

4,400

56455/19

22/10/2019

Krisztián SURIN

15/05/1998

Kiss Dominika Szilvia

Budapest

31/01/2020

13/12/2019

2,600

59163/19

08/11/2019

Lajos SZILÁGYI

09/08/1972

Karsai Dániel András

Budapest

09/03/2020

17/01/2020

2,900

[1] Plus any tax that may be chargeable to the applicants.