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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> NEMETH AND OTHERS v. HUNGARY - 21869/14 (Judgment : Article 6 - Right to a fair trial : Fourth Section Committee) [2018] ECHR 1060 (20 December 2018)
URL: http://www.bailii.org/eu/cases/ECHR/2018/1060.html
Cite as: [2018] ECHR 1060
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FOURTH SECTION
CASE OF NÉMETH AND OTHERS v. HUNGARY
(Application no. 21869/14and 8 others - see appended list )
JUDGMENT
STRASBOURG
20 December 2018
This judgment is final but it may be subject to editorial revision.
In the case of Németh and Others v. Hungary,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Georges Ravarani,
President,
Marko Bošnjak,
Péter Paczolay,
judges,
and Liv Tigerstedt
Acting
Deputy Section Registrar,
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table. 4. The applicants complained of the excessive length of criminal proceedings. In application no. 76561/14, the applicant also raised other complaints under the Convention.THE LAW
I. JOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.II. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION
6. The applicants complained principally that the length of the criminal proceedings in question had been incompatible with the "reasonable time" requirement. They relied on Article 6 § 1 of the Convention, which reads as follows:Article 6 § 1
"In the determination of ... any criminal charge against him, everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal..."
7. The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicants and the relevant authorities and what was at stake for the applicants in the dispute (see, among many other authorities, Pélissier and Sassi v. France [GC], no. 25444/94, § 67, ECHR 1999-II, and Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII). 8. In the leading case of Barta and Drajkó v. Hungary, no. 35729/12, 17 December 2013, the Court already found a violation in respect of issues similar to those in the present case. 9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the proceedings was excessive and failed to meet the "reasonable time" requirement. 10. These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention.III. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
11. In application no. 76561/14, the applicant submitted another complaint under Article 13 of the Convention which also raised issues, given the relevant well-established case-law of the Court (see appended table). This complaint is not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor is it inadmissible on any other ground. Accordingly, it must be declared admissible. Having examined all the material before it, the Court concludes that it also discloses a violation of the Convention in the light of its findings in Barta and Drajkó (cited above, §§ 25-26).IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
12. Article 41 of the Convention provides:"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."
13. Regard being had to the documents in its possession and to its case-law, the Court finds it reasonable to award the sums indicated in the appended table. 14. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Decides to join the applications;
2. Declares the applications admissible;
3. Holds that these applications disclose a breach of Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings;
4. Holds that there has been a violation of Article 13 of the Convention in application no. 76561/14;
5. Holds
(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English, and notified in writing on 20 December 2018, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Liv Tigerstedt Georges Ravarani
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of criminal proceedings)
|
Application no. Date of introduction |
Applicant's name Date of birth
|
Representative's name and location |
Start of proceedings |
End of proceedings |
Total length Levels of jurisdiction |
Other complaints under well-established case-law |
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros) [1] | |
|
|
19/04/2014 |
Szabolcs Németh 30/07/1981 |
|
26/11/2006
|
17/12/2013
|
7 year(s) and 22 day(s) 2 level(s) of jurisdiction
|
|
3,000 |
|
|
19/03/2014 |
Sándorné Molnár 11/08/1953 |
Pintér András Budapest |
16/12/1996
|
23/09/2013
|
16 year(s) and 9 month(s) and 8 day(s) 2 level(s) of jurisdiction
|
|
12,000 |
|
|
10/04/2014 |
Gábor Seprényi 30/01/1982 |
Borsos Tamás Budapest |
23/11/2009
|
02/12/2013
|
4 year(s) and 10 day(s) 1 level(s) of jurisdiction
|
|
2,000 |
|
|
08/08/2014 |
Jenő Farkas 07/03/1954 |
|
17/08/2000
|
26/09/2014
|
14 year(s) and 1 month(s) and 10 day(s) 2 level(s) of jurisdiction
|
|
9,000 |
|
|
04/12/2014 |
Attila Földes-Szabó 18/11/1969 |
|
02/12/2009
|
31/03/2016
|
6 year(s) and 3 month(s) and 30 day(s) 2 level(s) of jurisdiction
|
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings - |
2,500 |
|
|
03/12/2014 (3 applicants) |
Sándor Birta 16/08/1960 Árpád TISZA 06/06/1977 István SZÁRAZ 11/07/1947 |
Koós László Zoltán Debrecen |
25/03/2009
|
29/05/2014
|
5 year(s) and 2 month(s) and 5 day(s) 2 level(s) of jurisdiction
|
|
2,000 |
|
|
26/05/2016 |
Gábor Imrefalvi 11/11/1951 |
Tóth Gábor Győr |
21/01/2004
|
28/09/2015
|
11 year(s) and 8 month(s) and 8 day(s) 1 level(s) of jurisdiction
|
|
9,000 |
|
|
15/09/2016 |
Tibor Héja 21/04/1956 |
Tóth Zoltán Mátyás Budapest |
27/03/2009
|
20/04/2016
|
7 year(s) and 25 day(s) 3 level(s) of jurisdiction
|
|
1,500 |
|
|
07/01/2017 |
Githii Mweru 01/01/1971 |
Fazekas Tamás Budapest |
28/08/2011
|
07/07/2016
|
4 year(s) and 10 month(s) and 10 day(s) 1 level(s) of jurisdiction
|
|
1,800 |
[1] . Plus any tax that may be chargeable to the applicants.