AFFAIRE KURMAI ET AUTRES c. HONGRIE (European Court of Human Rights)

FOURTH SECTION

CASE OF KURMAI AND OTHERS v. HUNGARY
(Application no. 64335/13 and 5 others -see appended list)

JUDGMENT
STRASBOURG
17 January 2019

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

In the case of Kurmai and Others v. Hungary,

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

Georges Ravarani, President,
Marko Bošnjak,
PéterPaczolay, judges,
and LivTigerstedt,ActingDeputy Section Registrar,

Having deliberated in private on 13 December 2018,

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.  Notice of the applications was given to the Hungarian Government (“the Government”).

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. 40175/15, the applicant also raised another complaint under Article 13 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 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. 40175/15, the applicant submitted another complaint which raised issues under Article 13 of the Convention, 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 v. Hungary (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.  Declaresthe 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 as regards the other complaint 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 17 January 2019, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

LivTigerstedt                                                               Georges Ravarani
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

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 /household

(in euros)[1]

1. 64335/13

30/09/2013

LajosZsoltKurmai

13/03/1968

Molnár Angelika

Miskolc

09/03/2009

 

05/04/2013

 

4 years and 28 days 1 level of jurisdiction 2,000
2. 52985/14

09/07/2014

GáborLénárt

15/01/1982

KörmendiCsabaTamás

Budapest

12/11/2009

 

16/12/2013

 

4 years and 1 month and 5 days 2 levels of jurisdiction 1,300
3. 35184/15

10/07/2015

ZoltánKáldi

15/07/1971

 

 

31/12/2008

 

11/03/2015

 

6 years and 2 months and 12 days 1 level of jurisdiction 3,000
4. 38735/15

28/07/2015

ZoltánKáldi

15/07/1971

 

 

23/09/2009

 

07/04/2015

 

5 years and 6 months and 16 days 1 level of jurisdiction 2,100
5. 40174/15

08/08/2015

JenőMihályKillik

20/10/1944

 

 

11/01/2011

 

12/02/2015

 

4 years and 1 month and 2 days 2 levels of jurisdiction Art. 13 – lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings – 1,300
6. 10736/17

30/01/2017

AttilánéTímár

24/04/1975

BarcsiIstván

Debrecen

25/02/2013

 

10/09/2018

 

5 years and 6 months and 17 days 2 levels of jurisdiction 2,500

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

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