RÁCZ AND OTHERS v. HUNGARY

2024-11-21T00:00:00
  SECOND SECTION DECISION Application no. 9209/24 János RÁCZ 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]    9209/24 20/03/2024 János RÁCZ 1977   Kiss Dalma Budapest   12/09/2024 28/10/2024 2,600    10692/24 19/03/2024 Zsigmond DUKA 1986   Kiss Dániel Bálint Budapest Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings 25/10/2024 25/07/2024 2,600    10880/24 19/03/2024 János GIDAI 1965   Nagy Gábor Budapest   25/10/2024 24/07/2024 2,000    11673/24 04/04/2024 Roland GLONCZI 1996   Szabó Gábor Göd Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings 25/10/2024 23/07/2024 6,500    11751/24 13/04/2024 Csaba ROSTÁS 1988   Szabó Gábor Göd Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings 25/10/2024 23/07/2024 2,600    12109/24 17/04/2024 Bernard EL-CHAMI 1976   Gárdonyi Zsolt Budapest   25/10/2024 27/08/2024 1,600    14665/24 13/05/2024 Stelian SERBAN 1972   Paulusz Bogáta Budapest   25/10/2024 16/09/2024 3,400    14759/24 26/04/2024 József HULLÁR 1978   Szabó Gábor Göd Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings 28/10/2024 11/08/2024 2,600    15748/24 15/05/2024 Zsolt Tamás BALOG 1993   Szabó Gábor Göd Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings 25/10/2024 27/09/2024 3,900  18574/24 27/06/2024 Zoltán RUPA 1967   Szabó Gábor Göd Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings 25/10/2024 21/10/2024 2,000   [1] Plus any tax that may be chargeable to the applicants.