European Court of Human Rights
European Court of Human Rights (ECrtHR)
President: Vincent A. De Gaetano
Judges: Georgios A. Serghides, Paulo Pinto de Albuquerque, Helen Keller, Dmitry Dedov, Branko Lubarda, Alena Poláčková
18 June 2019
ECrtHR - Violation of Article 8 ECHR, award of damages
1 child wrongfully removed at age 2 – National of Russia – Divorced parents – Mother national of Russia – Finnish court ordered joint custody and child should live with the applicant– Child lived in Finland February 2015 – Application for return filed with the Dzerzhinskiy District Court of St Petersburg, Russia, on 6 August 2015 – Return refused on appeal to St Petersburg City Court on 3 February 2016 before application to ECtHR– Violation of Art. 8 ECHR – 23 050 EUR awarded in damages – the interpretation and application of the provisions of the Hague Convention by the St Petersburg City Court failed to secure the guarantees of Article 8 and Russia failed to comply with its positive obligations under Article 8 of the Convention to secure to the applicant the right to respect for his family life.