Kolompár and Others v. Hungary

FOURTH SECTION

Application no. 49600/14 András KOLOMPÁR against Hungary and 2 other applications (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 20 June 2019 as a Committee composed of:

Stéphanie Mourou-Vikström, President, Georges Ravarani, Jolien Schukking, judges,

and Liv Tigerstedt, 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”).

The Court received friendly-settlement declarations 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 11 July 2019.

Liv Tigerstedt Stéphanie Mourou-Vikström 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

Date of birth

Representative’s name and location

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]

49600/14

04/07/2014

András Kolompár

13/09/1979

Karsai Dániel András

Budapest

21/03/2019

22/01/2019

4,200

37527/15

24/07/2015

József Horváth

12/02/1992

Cech András

Budapest

10/04/2019

12/02/2019

2,100

80818/17

21/11/2017

Mátyás János Hudvágner

15/09/1995

Barabás Zoltán

Veszprém

04/04/2019

21/03/2019

3,100

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