Kerek and Others v. Hungary
Inadmissible
Berörda konventionsartiklar
FOURTH SECTION
Application no. 28467/19 Emese KEREK against Hungary and 2 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 19 March 2020 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 observations submitted by the respondent Government and the observations in reply submitted by the applicants,
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 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communicated to the Hungarian Government (“the Government”).
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.
In the present applications, 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 cases.
In particular, the Court notes that the domestic courts recognised the undue length of the trials and took this element into account, when sentencing the applicants, as an important mitigating factor. In these circumstances, the Court is satisfied that the violation of the applicants’ Convention rights has been expressly acknowledged and adequately redressed. Consequently, the applicants can no longer claim to be victims for the purposes of Article 34 of the Convention.
In view of the above, the Court finds that these complaints are incompatible ratione personae with the provision of the Convention and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 9 April 2020.
Liv Tigerstedt Stéphanie Mourou-Vikström Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of criminal proceedings)
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
28467/19
16/05/2019
Emese KEREK
09/12/1986
Tímár Mátyás
Nagykőrös
10/12/2012
12/12/2018
6 year(s) and 3 day(s) 1 level(s) of jurisdiction
32563/19
16/05/2019
Tibor BODOR
04/08/1974
Tímár Mátyás
Nagykőrös
10/12/2012
12/12/2018
6 year(s) and 3 day(s) 1 level(s) of jurisdiction
54086/19
10/10/2019
Gyula SZITAI
13/04/1954
Cseterics Krisztián
Budapest
06/09/2011
23/12/2019
8 year(s) and 3 month(s) and 18 day(s) 1 level(s) of jurisdiction