Interpretation of the Convention
Appeal dismissed, application dismissed
Appeal dismissed; application dismissed. At the start of the wrongful retention, the Convention was not yet in force in Austria.
European Convention on Human Rights (ECHR)
ECrtHR - Violation of Article 8 ECHR, award of damages
Violation of Article 8, ECHR; the Russian Federation had failed to put in place the necessary legal framework to address the international child abduction case at the time, and had failed to take all reasonable measures to facilitate the enjoyment of the right to family life. The Russian Court's decision to refuse to recognise and enforce the Czech decision of 2 June 2011 did not amount to a violation of Article 8, ECHR.
The Court considered it unnecessary to separately examine the applicant's claim under Article 13, ECHR. 12,500 Euros awarded in damages.
Aims of the Convention - Preamble, Arts 1 and 2
Rights of Custody - Art. 3
Objections of the Child to a Return - Art. 13(2)
Removal wrongful and return ordered; none of the Article 13 exceptions had been proved to the standard required under the Convention.