Salát v. Hungary

FOURTH SECTION

Application no. 42794/13 Zsolt SALÁT against Hungary

The European Court of Human Rights (Fourth Section), sitting on 25 October 2018 as a Committee composed of:

Georges Ravarani, President, Marko Bošnjak, Péter Paczolay, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 17 June 2013,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr C. Maráth, a lawyer practicing in Budapest.

The applicant’s complaints under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communicated to the Hungarian Government (“the Government”).

THE LAW

In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the respondent Government cannot be held liable for the protraction of the trial.

In particular, the Court notes that the domestic courts expressly acknowledged that the case had been protracted because of delays imputable to the authorities and provided adequate redress by taking this element into account as an important mitigating factor when deciding on the sentence.

In view of the above, the Court finds that the applicant can no longer claim to be a victim within the meaning of Article 34 and the application must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 15 November 2018.

Liv Tigerstedt Georges Ravarani Acting Deputy Registrar President

APPENDIX

No.

Application no.

Date of introduction

Applicant’s name

Date of birth

Representative’s name and location

Start of proceedings

End of proceedings

Total length

Levels of jurisdiction

42794/13

17/06/2013

Zsolt Salát

21/02/1976

Maráth Csaba

Budapest

29/08/2003

04/01/2013

9 year(s) and 4 month(s) and 7 day(s) 1 level(s) of jurisdiction