CASE OF MAGYAR AND OTHERS v. HUNGARY (European Court of Human Rights) 38668/20 and 9 others

Last Updated on June 9, 2022 by LawEuro

The case originated in applications against Hungary lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”)

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FIRST SECTION
CASE OF MAGYAR AND OTHERS v. HUNGARY
(Applications nos. 38668/20 and 9 others – see appended list)
JUDGMENT
STRASBOURG
9 June 2022

This judgment is final but it may be subject to editorial revision.

In the case of Magyar and Others v. Hungary,

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

Alena Poláčková, President,
Raffaele Sabato,
Davor Derenčinović, judges,
and Attila Teplán, Acting Deputy Section Registrar,
Having deliberated in private on 19 May 2022,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in applications against Hungary lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

2. The Hungarian Government (“the Government”) were given notice of the applications.

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. Some applicants also raised other complaints under the provisions of 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 justifying the overall length of the proceedings at the national level. 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. Some applicants submitted other complaints which raised issues under Article 13 of the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill−founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations 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 the Convention as regards the other complaints raised under well-established case-law of the Court (see appended table);

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 9 June 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Attila Teplán                                Alena Poláčková
Acting Deputy Registrar                    President

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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	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]
1.	38668/20 18/08/2020	László MAGYAR 1966	Karsai Dániel András Budapest	10/12/2014	pending	More than 7 year(s) and 4 month(s) and 3 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	3,900
2.	9271/21 26/01/2021	Károly István BALOGH 1979   Dominika BALOGH 1977	Kiss Dominika Szilvia Budapest	11/11/2015	pending	More than 6 year(s) and 4 month(s) and 11 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	2,300     2,300
3.	19312/21 26/03/2021	Viktor Dénes HUSZÁR 1985	Fekete S. Tamás Budapest	25/09/2012	pending	More than 9 year(s) and 5 month(s) and 22 day(s) 1 level(s) of jurisdiction		5,500
4.	19332/21 30/03/2021	Lilla MATA 1990	Karsai Dániel András Budapest	05/04/2013	23/09/2021	8 year(s) and 5 month(s) and 19 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	4,600
5.	26821/21 08/04/2021	Gábor CSIKÓS 1986	Kiss Dominika Szilvia Budapest	02/02/2018	pending	More than 4 year(s) and 1 month(s) and 28 day(s) 1 level(s) of jurisdiction	Art. 13 – lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings	2,600
6.	26978/21 13/05/2021	Ákos Zsolt ELLER 1975	Kiss Dániel Bálint Budapest	27/04/2012	02/09/2021	9 year(s) and 4 month(s) and 7 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	5,200
7.	33080/21 04/06/2021	Norbert DEMECS 1990	Kiss Dániel Bálint Budapest	01/09/2016	22/02/2022	5 year(s) and 5 month(s) and 22 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	2,600
8.	37428/21 19/07/2021	Károly Attila GALYAS 1982	Karsai Dániel András Budapest	09/11/2016	18/10/2021	4 year(s) and 11 month(s) and 10 day(s) 2 level(s) of jurisdiction		2,600
9.	40488/21 02/08/2021	Norbert SZŐKE 1988	Karsai Dániel András Budapest	19/01/2018	pending	More than 4 year(s) and 2 month(s) and 3 day(s) 2 level(s) of jurisdiction		1,600
10.	48726/21 24/09/2021	Melinda KOLOMPÁR 1988	Karsai Dániel András Budapest	18/06/2018	pending	More than 3 year(s) and 9 month(s) and 21 day(s) 2 level(s) of jurisdiction		1,600

[1] Plus any tax that may be chargeable to the applicants.