Cserhalmi v. Hungary

FIRST SECTION

Application no. 2495/24 Ibolya CSERHALMI against Hungary

(see appended table)

The European Court of Human Rights (First Section), sitting on 17 October 2024 as a Committee composed of:

Krzysztof Wojtyczek , President , Lətif Hüseynov, Erik Wennerström , judges ,

and Attila Teplán, Acting Deputy Section Registrar,

Having regard to the above application lodged on 4 January 2024,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr Z.I. Kikindai, a lawyer practising in Budapest.

The applicant’s 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

Complaints under Article 6 § 1 of the Convention (excessive length of criminal proceedings)

In the present application, 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 protractedness of the proceedings.

In particular, the Court notes that the domestic courts acknowledged the undue length of the proceedings and provided adequate redress, when sentencing the applicant, by taking this element into consideration as an important mitigating factor.

It follows that the applicant can no longer claim to be a victim of a violation of her rights under Article 6 of the Convention.

In view of the above, the Court finds that these complaints are incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 14 November 2024.

Attila Teplán Krzysztof Wojtyczek Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(excessive length of criminal proceedings)

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Start of proceedings

End of proceedings

Total length

Levels of jurisdiction

2495/24

04/01/2024

Ibolya CSERHALMI

1953

Kikindai Zoltán Iván

Budapest

25/03/2016

23/11/2023

7 year(s) and 8 month(s)

1 level(s) of jurisdiction