lagen.nu
no. 34928/23

Kukta and Others v. Hungary

Struck out of the list

Domstol
European Court of Human Rights
Avgörandedatum
2024-07-11
ECLI
ECLI:CE:ECHR:2024:0711DEC003492823
Artiklar
6, 6-1, 13, 39
Källa
hudoc.echr.coe.int

Berörda konventionsartiklar

FIRST SECTION

Application no. 34928/23 László KUKTA against Hungary and 9 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 6 § 1 of the Convention concerning the excessive length of criminal proceedings 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 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]

34928/23

06/09/2023

László KUKTA

1960

Bozai Fanni

Budapest

13/06/2024

27/02/2024

4,600

38139/23

09/10/2023

György FÜRST

1970

Paulusz Bogáta

Budapest

31/05/2024

19/02/2024

9,500

38952/23

24/10/2023

Alashkar Mohamed ABDELAZIZ

1986

Kiss Dániel Bálint

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

31/05/2024

23/05/2024

2,300

39046/23

19/10/2023

Rozália Erika ROZGONYINÉ SZŰCS

1974

Binszki József

Szeged

29/05/2024

04/06/2024

5,500

41322/23

15/11/2023

Mihály VARGA

1987

Kiss Dániel Bálint

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

04/06/2024

18/03/2024

2,000

41589/23

21/11/2023

Imre Árpád NAGY

1974

Kiss Dániel Bálint

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

05/06/2024

25/03/2024

3,300

41763/23

22/11/2023

László KOVÁCS

1979

Kiss Dániel Bálint

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

07/06/2024

07/05/2024

1,800

41838/23

22/11/2023

József POCZKODI

1975

Kiss Dániel Bálint

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

07/06/2024

28/03/2024

1,800

1728/24

28/12/2023

Roland Róbert KÁLLAI

1986

Szabó Gábor

Göd

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

06/06/2024

10/04/2024

2,600

2365/24

16/01/2024

Andrea ROMVÁRI

1988

Nagy Gábor

Budapest

11/06/2024

25/04/2024

5,500

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