The applicants complained of the excessive length of criminal proceedings.In application no.\u00a049233\/21, the applicant also raised other complaints under the provisions of the Convention.<\/p>\n
FIRST SECTION This judgment is final but it may be subject to editorial revision.<\/p>\n In the case of Juh\u00e1szand Others v. Hungary,<\/strong><\/p>\n The European Court of Human Rights (First Section), sitting as a Committee composed of: Having deliberated in private on 22 September 2022,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1. The case originated in applications against Hungary lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on the various dates indicated in the appended table.<\/p>\n 2. The Hungarian Government (\u201cthe\u00a0Government\u201d) were given notice of the applications.<\/p>\n THE FACTS<\/strong><\/p>\n 3. The list of applicants and the relevant details of the applications are set out in the appended table.<\/p>\n 4. The applicants complained of the excessive length of criminal proceedings.In application no.\u00a049233\/21, the applicant also raised other complaints under the provisions of the Convention.<\/p>\n THE LAW<\/strong><\/p>\n I. JOINDER OF THE APPLICATIONS<\/strong><\/p>\n 5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.<\/p>\n II. ALLEGED VIOLATION OF ARTICLE\u00a06 \u00a7 1 OF THE CONVENTION<\/strong><\/p>\n 6. The applicants complained principally that the length of the criminal proceedings in question had been incompatible with the \u201creasonable time\u201d requirement. They relied on Article 6 \u00a7 1 of the Convention, which reads as follows:<\/p>\n Article\u00a06\u00a0\u00a7\u00a01<\/p>\n \u201cIn the determination of … any criminal charge against him, everyone is entitled to a … hearing within a reasonable time by [a] … tribunal…\u201d<\/p>\n 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, P\u00e9lissierand Sassi v.\u00a0France [GC], no.\u00a025444\/94, \u00a7\u00a067, ECHR\u00a01999\u2011II, and Frydlender v.\u00a0France [GC], no.\u00a030979\/96, \u00a7\u00a043, ECHR\u00a02000\u2011VII).<\/p>\n 8. In the leading case of Barta and Drajk\u00f3 v. Hungary, no. 35729\/12, 17\u00a0December 2013 the Court already found a violation in respect of issues similar to those in the present case.<\/p>\n 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 \u201creasonable time\u201d requirement.<\/p>\n 10. These complaints are therefore admissible and disclose a breach of Article 6 \u00a7 1 of the Convention.<\/p>\n III. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW<\/strong><\/p>\n 11. In application no.\u00a049233\/21, the applicant submitted further complaints under Articles 5 \u00a7 4 and 13 of the Convention, which also raised issues, 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\u00a035\u00a0\u00a7\u00a03\u00a0(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 Bandur v. Hungary, no. 50130\/12, \u00a7\u00a7 79 to 85, 5 July 2016, and Barta and Drajk\u00f3, cited above, \u00a7\u00a7 25-26.<\/p>\n IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/strong><\/p>\n 12. Article 41 of the Convention provides:<\/p>\n \u201cIf 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.\u201d<\/p>\n 13. Regard being had to the documents in its possession and to its case\u2011law, the Court finds it reasonable to award the sums indicated in the appended table.<\/p>\n 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.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1. Decides to join the applications;<\/p>\n 2. Declares the applications admissible;<\/p>\n 3. Holds that these applications disclose a breach of Article\u00a06 \u00a7 1 of the Convention concerning the excessive length of criminal proceedings;<\/p>\n 4. Holds that in case no. 49233\/21 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);<\/p>\n 5. Holds<\/p>\n (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;<\/p>\n (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.<\/p>\n Done in English, and notified in writing on 13 October 2022, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and\u00a03 of the Rules of Court.<\/p>\n AttilaTepl\u00e1n \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Krzysztof Wojtyczek ______________<\/p>\n APPENDIX<\/strong>
\nCASE OF JUH\u00c1SZ AND OTHERS v. HUNGARY<\/strong>
\n(Applications nos. 37026\/21 and 9 others \u2013 see appended list)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n13 October 2022<\/p>\n
\nKrzysztof Wojtyczek, President,
\nErik Wennerstr\u00f6m,
\nLorraine Schembri Orland, judges,
\nand Attila Tepl\u00e1n, Acting Deputy Section Registrar,<\/p>\n
\nActing Deputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0President<\/p>\n
\nList of applications raising complaints under Article 6 \u00a7 1 of the Convention
\n(excessive length of criminal proceedings)<\/p>\n