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Datum rozhodnutí
19.9.2024
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FIRST SECTION

DECISION

Application no. 35352/23
Csaba László DANYI against Hungary
and 9 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 19 September 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 abovementioned 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 10 October 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]

35352/23

11/09/2023

Csaba László DANYI

1980

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 have been ongoing since 26/11/2020,

at one level of jurisdiction.

04/07/2024

27/03/2024

5,200

37975/23

03/10/2023

Levente JANCSÓ

1995

Kiss Dániel Bálint

Budapest

Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - Significant delays or irregularities in the judicial review of his pre-trial detention, as his detention was last subject to judicial review on 22/02/2023 acting as a second instance court and upholding the first instance decision on his detention’s prolongation.

21/06/2024

29/04/2024

4,900

37976/23

05/10/2023

László ERDÉLYI

1975

Frank Evelyn

Budapest

07/05/2024

21/06/2024

4,600

40724/23

07/11/2023

Ferenc József LIKAVCSÁN

1954

Kiss Dániel Bálint

Budapest

04/07/2024

27/03/2024

5,100

42770/23

21/11/2023

Milán Balázs BUDAI

1983

Kiss Dániel Bálint

Budapest

19/06/2024

03/04/2024

3,800

1282/24

08/12/2023

Róbert LAKATOS

1976

Frank Evelyn

Budapest

04/07/2024

18/04/2024

3,900

3305/24

24/01/2024

Veronika LAKATOS

1997

Kiss Dániel Bálint

Budapest

04/07/2024

09/04/2024

4,000

4403/24

01/02/2024

Tarek ZAGDOUDI

1982

Kiss Dániel Bálint

Budapest

Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - The Budapest Court of Appeal failed to carry out the ex officio judicial review of the grounds of the applicant’s continued arrest after 1 year.

25/07/2024

10/07/2024

4,000

4853/24

01/02/2024

László HORVÁTH

1955

Frank Evelyn

Budapest

29/07/2024

18/07/2024

3,900

4868/24

01/02/2024

Elfitouri DBIRA

1978

Kiss Dániel Bálint

Budapest

Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - The Budapest Court of Appeal failed to carry out the ex officio judicial review of the grounds of the applicant’s continued arrest after 1 year.

25/07/2024

03/05/2024

4,000


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