European Court of Human Rights

 

 

 

FIRST SECTION

CASE OF KOLOMPÁR v. HUNGARY

(Application no. 37739/20)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

21 January 2021

 

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

In the case of Kolompár v. Hungary,

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

          Krzysztof Wojtyczek, President,
          Linos-Alexandre Sicilianos,
          Erik Wennerström, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,

Having deliberated in private on 17 December 2020,

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

PROCEDURE

1.  The case originated in an application against Hungary lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 14 August 2020.

2.  The applicant was represented by Ms D.S. Kiss, a lawyer practising in Budapest.

3.  The Hungarian Government (“the Government”) were given notice of the application.

THE FACTS

4.  The applicant’s details and information relevant to the application are set out in the appended table.

5.  The applicant complained of the excessive length of his pre-trial detention. He also complained under Article 5 § 4 of the Convention about excessive length of the judicial review of detention.

THE LAW

I.       ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION

6.  The applicant complained principally that his pre-trial detention had been unreasonably long. He relied on Article 5 § 3 of the Convention, which reads as follows:

Article 5 § 3

“3.  Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be ... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.”

7.  The Court observes that the general principles regarding the right to trial within a reasonable time or to release pending trial, as guaranteed by Article 5 § 3 of the Convention, have been stated in a number of its previous judgments (see, among many other authorities, Kudła v. Poland [GC], no. 30210/96, § 110, ECHR 2000‑XI, and McKay v. the United Kingdom [GC], no. 543/03, §§ 41-44, ECHR 2006‑X, with further references).

8.  In the leading cases of Gál v. Hungary, no. 62631/11, 11 March 2014, and Lakatos v. Hungary, no. 21786/15, 26 June 2018, 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 on 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 applicant’s pre-trial detention was excessive.

10.  These complaints are therefore admissible and disclose a breach of Article 5 § 3 of the Convention.

II.    OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

11.  The applicant submitted another complaint which raised issues under Article 5 § 4 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 Article 5 § 4 the Convention in the light of its findings in, among many authorities, Bandur v. Hungary, no. 50130/12, §§ 79 to 85, 5 July 2016.

III. 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 (see, in particular, Gál, cited above), the Court considers it reasonable to award the sum 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.      Declares the application admissible;

2.      Holds that it discloses a breach of Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention;

3.      Holds that there has been a violation of Article 5 § 4 of the Convention as regards the other complaint raised under well-established case-law of the Court (see appended table);

4.      Holds

(a)   that the respondent State is to pay the applicant, within three months, the amount 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 amount 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 21 January 2021, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

        Liv Tigerstedt                                                           Krzysztof Wojtyczek

Acting Deputy Registrar                                                            President

 

 

APPENDIX

Application raising complaints under Article 5 § 3 of the Convention

(excessive length of pre-trial detention)