Horváth and Others v. Hungary
Struck out of the list
Berörda konventionsartiklar
FIRST SECTION
Application no. 39098/20 Dezső HORVÁTH against Hungary and 10 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 and their representative is set out in the appended table.
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]
39098/20
25/08/2020
Dezső HORVÁTH
1969
Kovács Arthur
Szeged
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
22/03/2024
19/12/2023
13,400
40050/20
18/08/2020
Gábor BALOGH
1977
Kovács Arthur
Szeged
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
22/03/2024
18/03/2024
11,900
42406/20
11/09/2020
Ferenc KÁNYA
1977
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
16,300
42483/20
10/09/2020
István KOLOMPÁR
1981
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
22/03/2024
06/03/2024
5,900
46193/20
06/10/2020
János ILLINGER
1974
Kovács Arthur
Szeged
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
22/03/2024
19/12/2023
16,300
46800/20
07/10/2020
János FARAGÓ
1991
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
4,500
48894/20
21/10/2020
István KESZTHELYI
1971
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
54008/20
13/10/2020
László HALÁSZ
1973
Fónagy Gergely
Budapest
22/03/2024
10/01/2024
3,000
54295/20
12/11/2020
Mihály BÓDI
1971
Kovács Arthur
Szeged
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
22/03/2024
18/03/2024
2,300
18974/21
21/03/2021
Róbert GYENEI
1982
Kovács Arthur
Szeged
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
22/03/2024
18/03/2024
6,900
55955/21
26/10/2021
Ottó Zsolt GYENGE
1978
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
22/03/2024
23/01/2024
16,300
[1] Plus any tax that may be chargeable to the applicants.