Fehér v. Hungary

FOURTH SECTION

Application no. 65686/14 Attila László FEHÉR against Hungary

The European Court of Human Rights (Fourth Section), sitting on 14 February 2019 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 12 September 2014,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

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

The applicant’s complaint under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention was communicated to the Hungarian Government (“the Government”).

THE LAW

Complaint under Article 5 § 3 of the Convention

Having examined all the material before it, the Court considers that the present application is inadmissible for the following reasons.

The Court notes that the relevant length of the pre-trial detention was less than 13 months which cannot be considered excessive in the specific circumstances of this case. In particular, the applicant was prosecuted for drug crimes and the authorities, when prolonging his detention at the statutory intervals, considered that he was a flight risk, especially given his existential ties in the Netherlands. There is no appearance that the authorities did not process the case with the requisite diligence or that undue delays in the procedure protracted the applicant’s detention on remand.

In view of the above, the Court finds that this complaint is manifestly ill ‑ founded and 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 7 March 2019.

Liv Tigerstedt Georges Ravarani Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 5 § 3 of the Convention

(excessive length of pre-trail detention)

Application no.

Date of introduction

Applicant’s name

Date of birth

Period of detention

Length of detention

65686/14

12/09/2014

Attila László Fehér

29/03/1965

19/09/2013 to 08/10/2014

1 year(s) and 20 day(s)