29541/15;9742/16;58342/16

FOURTH SECTION CASE OF MOLNÁR AND OTHERS v. HUNGARY (Application no. 29541/15 and 2 others - see appended list)             JUDGMENT STRASBOURG 19 September 2019   This judgment is final but it may be subject to editorial revision. In the case of Molnár an Others v. Hungary, The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:  Stéphanie Mourou-Vikström, President,  Georges Ravarani,  Jolien Schukking, judges, and Liv Tigerstedt, Acting Deputy Section Registrar, Having deliberated in private on 29 August 2019, 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 their pre-trial detention. In applications nos. 9742/16 and 58342/16, the applicants also raised another complaint under Article 5 § 4 of the Convention. THE LAW 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. ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION 6.  The applicants complained principally that their pre-trial detention had been unreasonably long. They 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 case of Gál v. Hungary, no. 62631/11, 11 March 2014, 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 applicants’ pre-trial detention was excessive. 10.  These complaints are therefore admissible and disclose a breach of Article 5 § 3 of the Convention. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW 11.  In applications nos. 9742/16 and 58342/16, the applicants 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 § 4 (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 Bandur v  Hungary (no. 50130/12, §§ 79 to 85, 5 July 2016). 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 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, Decides to join the applications; Declares the applications admissible; Holds that these applications disclose a breach of Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention; Holds that, in applications nos. 9742/16 and 58342/16, 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); 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 19 September 2019, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.  Liv Tigerstedt Stéphanie Mourou-Vikström Acting Deputy Registrar President APPENDIX List of applications raising complaints under Article 5 § 3 of the Convention (excessive length of pre-trial detention) No. Application no. Date of introduction Applicant’s name Date of birth   Representative’s name and location Period of detention Length of detention House arrest Start and end date Other complaints under well-established case-law Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1]     29541/15 12/06/2015 Gábor Molnár 26/10/1990 Kovács Levente Miskolc 31/08/2014 to 30/10/2015 1 year(s) and 2 month(s)       1,600     9742/16 02/02/2016 Angéla Gündert 30/08/1973 Sebes Péter Budapest 12/10/2014 to 14/10/2015   26/10/2015 to 14/12/2015   22/12/2015 to 11/02/2016 1 year(s) and 3 day(s)     1 month(s) and 19 day(s)     1 month(s) and 21 day(s)   14/10/2015 to 26/10/2015    12/02/2016 to 20/06/2017 Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - on prolongation of detention, the applicant could not always access the relevant documents in good time and the reasoning was insufficiently individualised. 1,800     58342/16 04/10/2016 Csaba István Tarsoly 05/06/1964 Papp Gábor Budapest 26/03/2015 to 04/04/2017 2 year(s) and 10 day(s)   Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - on prolongation of detention, the applicant could not always access the relevant documents and that the reasoning was insufficiently individualised.   3,500     [1].  Plus any tax that may be chargeable to the applicants.