BALÁZS v. HUNGARY (European Court of Human Rights)

Last Updated on April 24, 2019 by LawEuro

FOURTH SECTION

DECISION

Application no. 49045/14
László Ferenc BALÁZS
against Hungary

The European Court of Human Rights (Fourth Section), sitting on 17 January 2019 as a Committee composed of:

Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 2 June 2014,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

He was represented by Ms E. BalázsnéMohai, a lawyer practising in Budapest.

The applicant’s complaints under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communicated to the Hungarian Government (“the Government”).

THE LAW

Complaints underArticle 6 § 1 of the Convention

In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the respondent Government can no more be held liable for the length of the proceedings.

In particular, the Court notes that the domestic courts expressly acknowledged the protraction of the proceedings and provided adequate redress by taking this circumstance into account as an important mitigating factor when assessing and fixing the criminal sanction.

In view of the above, the Court finds that these complaints are incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 7 February 2019.

Liv Tigerstedt                                                  Georges Ravarani
Acting Deputy Registrar                                                President

 

APPENDIX

Application 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
49045/14 02/06/2014	LászlóFerencBalázs 01/02/1951	BalázsnéMohaiÉva Budapest	16/06/2004	03/02/2014	9 year(s) and 7 month(s) and 19 day(s) 2 level(s) of jurisdiction