KUTKA AND OTHERS v. HUNGARY

2024-11-07T00:00:00
  SECOND SECTION DECISION Application no. 9423/24 Attila KUTKA against Hungary and 9 other applications (see appended table) The European Court of Human Rights (Second Section), sitting on 7 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 28 November 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]    9423/24 22/03/2024 Attila KUTKA 1971   Frank Evelyn Budapest Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings 11/10/2024 10/07/2024 2,600    10287/24 26/03/2024 Andrea KOVÁCS 1981   Fahidi Gergely Budapest Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings 24/09/2024 17/08/2024 2,300    10288/24 25/03/2024 Armandó Tibor KOVÁCS 2000   Frank Evelyn Budapest Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings 11/10/2024 12/08/2024 2,000    10689/24 14/03/2024 Krisztián FARKAS 1991   Kiss Dániel Bálint Budapest Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings 24/09/2024 03/07/2024 3,300    10878/24 07/03/2024 Katalin Mária BAKINÉ VARGA 1953   Fahidi Gergely Budapest Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings 01/10/2024 20/06/2024 5,900    10905/24 21/03/2024 Szabolcs KOLLÁR 1978   Fahidi Gergely Budapest Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings - 24/09/2024 17/08/2024 2,300    11679/24 08/04/2024 Erika BOTOSNÉ CSIKLYA 1998   Frank Evelyn Budapest Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings 01/10/2024 16/07/2024 2,000    12302/24 18/04/2024 Imre GERE 1967   Borsos Tamás Budapest Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings 02/10/2024 17/07/2024 3,300    12859/24 22/04/2024 Sergii KHRUSTALENKO 1974   Paulusz Bogáta Budapest   17/09/2024 29/07/2024 3,900  12903/24 26/04/2024 Róbert PÉNZES 1984   Kiss Dániel Bálint Budapest Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings 24/09/2024 03/09/2024 6,400   [1] Plus any tax that may be chargeable to the applicants.