Hegyi and Others v. Hungary
Struck out of the list
Berörda konventionsartiklar
FIRST SECTION
Application no. 26816/23 Dénes HEGYI against Hungary and 10 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 11 July 2024 as a Committee composed of:
Krzysztof Wojtyczek , President , Lətif Hüseynov, Erik Wennerström , 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”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
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 5 September 2024.
Attila Teplán Krzysztof Wojtyczek 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
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]
26816/23
23/06/2023
Dénes HEGYI
1993
Frank Evelyn
Budapest
21/05/2024
14/02/2024
3,900
35437/23
14/09/2023
Géza SERES
1965
Frank Evelyn
Budapest
31/05/2024
03/05/2024
4,200
35439/23
15/09/2023
László PÉK
1973
Frank Evelyn
Budapest
29/05/2024
19/02/2024
4,200
37235/23
08/09/2023
József Rudolf BÁNFI
1986
Frank Evelyn
Budapest
10/05/2024
16/02/2024
4,400
37251/23
14/09/2023
Miklós ARATÓ
1985
Frank Evelyn
Budapest
08/05/2024
24/04/2024
4,000
37521/23
19/09/2023
Szilvia Erika AJTAINÉ MIHÁLY
1977
Frank Evelyn
Budapest
22/05/2024
16/04/2024
3,900
37676/23
11/10/2023
János FARKAS
1980
Szabó Gábor
Göd
31/05/2024
20/02/2024
4,000
39040/23
24/10/2023
László PÁL
1979
Frank Evelyn
Budapest
29/05/2024
26/02/2024
3,900
40717/23
08/11/2023
Norbert VADÁSZ
1989
Kiss Dániel Bálint
Budapest
22/05/2024
20/03/2024
3,900
40859/23
03/11/2023
Antal KOVÁCS
1999
Kiss Dániel Bálint
Budapest
07/06/2024
25/03/2024
4,000
41973/23
09/11/2023
László DOLHA
1976
Frank Evelyn
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings.
Art. 6 (1) - excessive length of criminal proceedings - Criminal proceedings against the applicant have been pending at one court level since 01/10/2020.
07/06/2024
28/03/2024
5,900
[1] Plus any tax that may be chargeable to the applicants.