Case of European Court of Human Rights, October 22, 2020 (case ÁBRAHÁM AND OTHERS v. HUNGARY)

Defense:HUNGARY
Resolution Date:October 22, 2020
SUMMARY

Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention);Violation of Article 5 - Right to liberty and security (Article 5-4 - Speediness of review)

 
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FOURTH SECTION

CASE OF ÁBRAHÁM AND OTHERS v. HUNGARY

(Application nos. 50892/19 and 8 others - see appended list)

JUDGMENT

STRASBOURG

22 October 2020

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

In the case of Ábrahám and 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 September 2020,

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

    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 under Article 5 § 3 of the Convention of the excessive length of their pre-trial detention. Some applicants also raised other complaints under Article 5 § 4 of the Convention.

    THE LAW

  5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

  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

    “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...

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