lagen.nu
no. 18390/23

Terleth and Others v. Hungary

Struck out of the list

Domstol
European Court of Human Rights
Avgörandedatum
2024-02-15
ECLI
ECLI:CE:ECHR:2024:0215DEC001839023
Artiklar
6, 6-1, 13, 39
Källa
hudoc.echr.coe.int

Berörda konventionsartiklar

FIRST SECTION

Application no. 18390/23 Tímea TERLETH against Hungary and 9 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 15 February 2024 as a Committee composed of:

Gilberto Felici , President , Péter Paczolay, Raffaele Sabato , judges ,

and Attila Teplán, 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 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communicated to the Hungarian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.

The Court received the friendly-settlement declarations, signed by the parties, 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 14 March 2024.

Attila Teplán Gilberto Felici 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

Year of birth

Representative’s name and location

Other complaints under well-established case-law

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/household

(in euros) [1]

18390/23

25/04/2023

Tímea TERLETH

1972

Bihari István

Budapest

17/01/2024

15/12/2023

5,200

23286/23

30/05/2023

István LAKATOS

1980

Zsigmond György

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

17/01/2024

24/11/2023

5,200

24522/23

24/05/2023

Tünde Mária GYENES

1974

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

25/01/2024

04/12/2023

3,300

24774/23

12/06/2023

Ferenc SZILVASÁN

1978

Szabó Gábor

Göd

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

17/01/2024

07/10/2023

3,600

25136/23

12/06/2023

Sándor MÁTÉ

1999

Kiss Dániel Bálint

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

31/01/2024

01/12/2023

3,300

25667/23

15/06/2023

Household

Ferenc BALOGH

1991

Anikó Mónika GYENGE

1973

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

25/01/2024

04/12/2023

3,300

26223/23

21/06/2023

Zoltán György BRANDUSE

1973

Schill Szabolcs

Budapest

17/01/2024

06/10/2023

4,600

27261/23

29/06/2023

Mihály SOMOGYI

1968

Tóth Attila Tas

Budapest

31/01/2024

27/11/2023

6,400

28632/23

12/07/2023

Péter Aurél STEINACKER

1974

Schill Szabolcs

Budapest

24/01/2024

05/12/2023

5,500

29050/23

12/07/2023

Barbara Noémi FILLÓ

1981

Kiss Dominika Szilvia

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

17/01/2024

04/12/2023

7,300

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