Filipovics and Others v. Hungary
Struck out of the list
Berörda konventionsartiklar
FIRST SECTION
This version was rectified on 19 September 2024
under Rule 81 of the Rules of Court.
Application no. 32107/23 József Zoltán FILIPOVICS against Hungary and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 13 June 2024 as a Committee composed of:
Gilberto Felici , President , Péter Paczolay, 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 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, 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 4 July 2024.
Attila Teplán Gilberto Felici 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
Year of birth
Representative’s name and location
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]
32107/23
09/08/2023
József Zoltán FILIPOVICS
1992
Frank Evelyn
Budapest
10/05/2024
13/02/2024
4,400
32111/23
09/08/2023
Ilona Bianca FILIPOVICS
1994
Frank Evelyn
Budapest
13/05/2024
22/02/2024
4,400
34364/23
05/09/2023
János TÓTH
1997
Frank Evelyn
Budapest
08/05/2024
13/02/2024
3,900
34921/23
08/09/2023
Ferenc KNAPP
1985
Frank Evelyn
Budapest
17/05/2024
22/02/2024
3,900
35297/23
11/09/2023
Zoltán SZENCZI
1967
Frank Evelyn
Budapest
15/05/2024
03/04/2024
4,300
35386/23
08/09/2023
Ferenc KNAPP
1963
Frank Evelyn
Budapest
22/04/2024
04/03/2024
3,900 [2]
35435/23
15/09/2023
Zsolt STEFÁN
1977
Frank Evelyn
Budapest
08/05/2024
06/03/2024
3,900
35440/23
14/09/2023
Tibor Zsolt MOLNÁR
1972
Frank Evelyn
Budapest
07/05/2024
23/02/2024
4,900
35505/23
28/08/2023
Kamal Jaber FARHAD
1976
Kiss Dániel Bálint
Budapest
08/05/2024
07/03/2024
3,900
36444/23
22/09/2023
László ALBERT
1984
Frank Evelyn
Budapest
08/05/2024
23/02/2024
4,300
[1] Plus any tax that may be chargeable to the applicants.
[2] Rectified on 19 September 2024: the amount was “4,300”.