Rafael and Others v. Hungary
Struck out of the list
Berörda konventionsartiklar
SECOND SECTION
Application no. 2754/24 Zsolt Milán RAFAEL against Hungary and 9 other applications (see appended table)
The European Court of Human Rights (Second Section), sitting on 21 November 2024 as a Committee composed of:
Davor Derenčinović , President , Gediminas Sagatys, Stéphane Pisani , 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 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 12 December 2024.
Attila Teplán Davor Derenčinović 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
(in euros) [1]
2754/24
18/01/2024
Zsolt Milán RAFAEL
1994
Borsos Tamás
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
15/10/2024
16/04/2024
2,600
9193/24
04/03/2024
Gergely TAPODI
1988
Fahidi Gergely
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
16/10/2024
11/07/2024
2,000
9195/24
18/03/2024
Veronika LAKATOS
1997
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
11/10/2024
03/07/2024
1,400
9819/24
04/03/2024
István Zsolt GYAPJAS
1968
Fahidi Gergely
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
17/10/2024
11/07/2024
2,000
11416/24
27/03/2024
Róbert Béla BALOGH
1976
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
15/10/2024
05/07/2024
2,600
11676/24
08/04/2024
Gyula HARKABUSZ
1974
N. Tóth Máté
Budapest
17/10/2024
10/07/2024
2,600
12305/24
18/04/2024
Imre HOCHSTEIN
1975
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
17/10/2024
25/07/2024
3,900
12902/24
26/04/2024
László MUSTOS
1971
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
15/10/2024
22/07/2024
2,600
14128/24
07/05/2024
Sándor MILÁK
1982
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
15/10/2024
24/09/2024
3,600
14673/24
17/05/2024
Tamás LAKATOS
1989
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
17/10/2024
20/09/2024
2,400
[1] Plus any tax that may be chargeable to the applicants.