Barta and Drajkó v. Hungary - 35729/12 - Legal Summary [2013] ECHR 1364 (17 December 2013)
The length of the criminal proceedings was excessive and failed to meet the 'reasonable time' requirement under Article 6 § 1; domestic remedies were not effective; applicants retained victim status.
- Citation
- [2013] ECHR 1364
- Parties
- Applicant: Barta; Applicant: Drajkó; Respondent: Hungary
- Jurisdiction
- European Union
- Judgment Date
- 17 December 2013
- Procedural Posture
- European Court of Human Rights Application / Final Judgment
- Outcome
- violation found (unanimously)
- Legal Topics
- Right to Trial Within a Reasonable Time, Effective Remedies, Systemic Violation
Case Brief
Summary, issues, holding and outcome
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Parties
Barta
Applicant
Drajkó
Applicant
Hungary
Respondent
Procedural Posture
European Court of Human Rights Application / Final Judgment
Legal Issues
- 1 Whether the length of criminal proceedings violated Article 6 § 1 of the Convention
- 2 Whether domestic remedies for expediting proceedings were effective
- 3 Whether applicants retained victim status
Ratio Decidendi
The length of the criminal proceedings was excessive and failed to meet the 'reasonable time' requirement under Article 6 § 1; domestic remedies were not effective; applicants retained victim status.
Court Disposition
violation found (unanimously)
Orders
- Hungary to provide genuine effective relief for violations of the right to trial within a reasonable time
- Hungary encouraged to amend or create legal remedies to secure effective redress
Full Case Text
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