lagen.nu
no. 48209/16

Jakab and Others v. Hungary

Struck out of the list

Domstol
European Court of Human Rights
Avgörandedatum
2019-12-12
ECLI
ECLI:CE:ECHR:2019:1212DEC004820916
Artiklar
5, 5-3, 39
Källa
hudoc.echr.coe.int

Berörda konventionsartiklar

FOURTH SECTION

Application no. 48209/16 Gábor JAKAB against Hungary and 7 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 12 December 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 16 January 2020.

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 non-pecuniary damage and costs and expenses per applicant

(in euros) [i]

48209/16

01/08/2016

Gábor JAKAB

21/11/1988

Cech András

Budapest

14/06/2019

28/03/2019

3,100

55863/18

18/10/2018

Ödön VÖLGYI

25/08/2001

T. Tóth Balázs

Budapest

08/10/2019

15/11/2019

2,700

59475/18

12/12/2018

Ádám HAJDU

19/02/1987

Karsai Dániel András

Budapest

18/11/2019

18/09/2019

2,600

15413/19

13/03/2019

László JAKAB

19/09/1984

Karsai Dániel András

Budapest

23/08/2019

15/07/2019

2,200

16665/19

18/03/2019

Barbara Mária ROSTÁS

28/07/1983

Karsai Dániel András

Budapest

05/11/2019

18/09/2019

3,000

30150/19

27/05/2019

Sándor JAKAB

18/01/1990

Karsai Dániel András

Budapest

14/11/2019

28/10/2019

1,700

34761/19

19/06/2019

Istvánné JAKAB

11/05/1976

Karsai Dániel András

Budapest

12/11/2019

28/10/2019

2,300

41591/19

31/07/2019

Márk MEZEI

17/05/1994

Karsai Dániel András

Budapest

05/11/2019

26/09/2019

3,000

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