Lázár and Others v. Hungary
Struck out of the list
Berörda konventionsartiklar
FIRST SECTION
Application no. 33026/20 Zsolt LÁZÁR against Hungary and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 18 April 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 is set out in the appended table.
The applicants were represented by Mr A. Kovács, a lawyer practising in Szeged.
The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Hungarian Government (“the Government”). Additional complaints based on the same facts – in particular, that in the specific cases of the applicants no effective domestic remedy was available in regard to the inadequate prison conditions – 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 16 May 2024.
Attila Teplán Gilberto Felici Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
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
(in euros) [1]
33026/20
21/07/2020
Zsolt LÁZÁR
1974
Kovács Arthur
Szeged
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
22/03/2024
29/02/2024
16,300
40280/20
03/09/2020
Zsolt RADICS
1980
Kovács Arthur
Szeged
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
22/03/2024
29/02/2024
7,700
45837/20
07/10/2020
Ferenc PULYA
1965
Kovács Arthur
Szeged
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
22/03/2024
07/01/2024
6,700
45840/20
07/10/2020
Imre László RENDEK
1976
Kovács Arthur
Szeged
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
22/03/2024
29/02/2024
16,300
48910/20
28/10/2020
József LAKATOS
1962
Kovács Arthur
Szeged
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
22/03/2024
05/12/2023
16,300
53546/20
12/11/2020
Zoltán MUST
1981
Kovács Arthur
Szeged
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
22/03/2024
02/12/2023
16,300
55605/20
26/11/2020
Goran RADIVOJEVIC
1965
Kovács Arthur
Szeged
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
22/03/2024
02/12/2023
5,400
20475/21
06/04/2021
Elek TACZMAN
1984
Kovács Arthur
Szeged
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
22/03/2024
20/12/2023
14,300
20984/21
06/04/2021
Zoltán MAKULA
1980
Kovács Arthur
Szeged
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
22/03/2024
19/03/2024
5,500
21289/21
13/04/2021
Zsolt SERÉNYI
1969
Kovács Arthur
Szeged
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
22/03/2024
20/12/2023
5,300
[1] Plus any tax that may be chargeable to the applicants.