I incorrectly predicted that there's no violation of human rights in VARGA v. HUNGARY.

Judgment

FOURTH SECTION

CASE OF VARGA v. HUNGARY

(Application no. 54589/15)

JUDGMENT

STRASBOURG

7 March 2019

This judgment is final but it may be subject to editorial revision. In the case of Varga v. Hungary,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Georges Ravarani, President,Marko Bošnjak,Péter Paczolay, judges,and Liv Tigerstedt Acting Deputy Section Registrar,
Having deliberated in private on 14 February 2019,
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 28 October 2015. 2. The applicant was represented by Mr C. Visontai, a lawyer practising in Budapest. 3. Notice of the application was given to the Hungarian Government (“the Government”). 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 criminal proceedings. He also raised a complaint under Article 5 § 3 of the Convention. THE LAW
I. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION
6. The applicant complained principally that the length of the criminal proceedings in question had been incompatible with the “reasonable time” requirement. He 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 applicant and the relevant authorities and what was at stake for the applicant 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. II. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
11. The applicant submitted another complaint which raised issues under Article 5 § 3 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, cited above, § 26. 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, the Court finds 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 6 § 1 of the Convention concerning the excessive length of criminal proceedings;

3. Holds that there has been a violation of Article 5 § 3 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 7 March 2019, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court. Liv TigerstedtGeorges RavaraniActing Deputy RegistrarPresident
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
Other complaints under well-established case-law
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
54589/15
28/10/2015
Titusz Zoltán Varga
14/05/1980
Visontai Csongor
Budapest
26/04/2011

04/07/2016

5 year(s) and 2 month(s) and 9 day(s) 2 level(s) of jurisdiction

Art. 5 (3) - excessive length of pre-trial detention. In detention from 26/04/2011 to 29/04/2013
and from 23/01/2014 to 05/11/2015
6,800

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
(in euros)[1]
54589/15
28/10/2015
Titusz Zoltán Varga
14/05/1980
Visontai Csongor
Budapest
26/04/2011

04/07/2016

5 year(s) and 2 month(s) and 9 day(s) 2 level(s) of jurisdiction

Art. 5 (3) - excessive length of pre-trial detention. In detention from 26/04/2011 to 29/04/2013
and from 23/01/2014 to 05/11/2015
6,800
[1]. Plus any tax that may be chargeable to the applicants.