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KRYVITSKA AND KRYVITSKYY v. UKRAINE - 30856/03 [2010] ECHR 1850 (2 December 2010)
URL: http://www.bailii.org/eu/cases/ECHR/2010/1850.html
Cite as:
[2010] ECHR 1850
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FIFTH
SECTION
CASE OF KRYVITSKA AND KRYVITSKYY v. UKRAINE
(Application
no. 30856/03)
JUDGMENT
STRASBOURG
2 December
2010
This
judgment will become final in the circumstances set out in Article 44
§ 2 of the Convention. It may be subject to editorial
revision.
In the case of Kryvitska and
Kryvitskyy v. Ukraine,
The
European Court of Human Rights (Fifth Section), sitting as a Chamber
composed of:
Peer Lorenzen, President,
Renate
Jaeger,
Karel Jungwiert,
Mark
Villiger,
Mirjana Lazarova Trajkovska,
Zdravka
Kalaydjieva,
Ganna Yudkivska, judges,
and
Claudia Westerdiek, Section
Registrar,
Having
deliberated in private on 9 November 2010,
Delivers
the following judgment, which was adopted on that date:
PROCEDURE
The
case originated in an application (no. 30856/03) against Ukraine
lodged with the Court under Article 34 of the Convention for the
Protection of Human Rights and Fundamental Freedoms (“the
Convention”) by two Ukrainian nationals, Mrs Ganna Semenivna
Kryvitska and Mr Yan Fedorovych Kryvitskyy (“the
applicants”), on 3 August 2003.
The
Ukrainian Government (“the Government”) were represented
by their Agent, Mr Y. Zaytsev.
The applicants alleged, in particular, that their
“right to a home” was violated on account of the
annulment of their tenancy registration and eviction and that in
considering the matter the domestic courts had failed to analyse
their central arguments.
On 31 March 2009 the President of the Fifth Section
decided to give notice of the application to the Government.
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
The
applicants, mother and son, were born in 1945 and 1975 respectively
and live in Kyiv.
On
16 July 1992 Mrs Y.B., born in 1908, officially registered the first
applicant as a permanent tenant in her flat and in March 1993 signed
it off to her in a will, purportedly in exchange for the first
applicant being her live-in aide. On 5 January 1993 the second
applicant, then a minor, was also officially registered as a
permanent resident in Mrs Y.B.'s flat as his mother's family member.
The applicants moved into the flat, took care of the charges and
maintenance fees and did some renovation work.
On
23 August 1994 the Kyiv City Administration promised to provide the
applicants with a new flat in view of the fact that a decision had
been taken to demolish the building of which Mrs Y.B. was co-owner.
That decision, however, was never complied with.
In
1995 and 1996 the second applicant's wife and two children from her
previous relationship, born in 1988 and 1989, were also registered as
permanent tenants in the same flat. Subsequently the second applicant
adopted the children (in 1996) and divorced their mother (in 1998).
On
18 December 1998 Mrs Y.B. died.
After
her death, the first applicant learned that in 1996 and 1998 Mrs Y.B.
had drafted two more wills, signing the same flat off to other
individuals, and on 12 March 1999 instituted judicial proceedings
seeking to have those two wills annulled. The first applicant claimed
that since 1995 Mrs Y.B. had been under severe stress resulting
from her participation in an ongoing court dispute with Mrs G.D., a
co-owner of the building, and, consequently, her mental health and
judgment had deteriorated.
On
26 February 2001 a panel of experts conducted an assessment of
Mrs Y.B.'s mental health and found that in March 1993, December
1995 and October 1998 Mrs Y.B. had suffered from organic
psychiatric disorders giving rise to moderate intellectual and memory
impairment and paranoia. Consequently, during these periods she had
been unable “to understand the meaning of her actions or
control them”.
As
a result of those conclusions, on 3 April 2001 the Leningradsky
District Prosecutor joined the first applicant's proceedings on
behalf of the State, seeking annulment of all Mrs Y.B.'s wills,
including the one drafted in 1993 in the first applicant's favour.
On
8 June 2001 the Leningradsky District Court of Kyiv allowed the
prosecutor's claim. The parties' appeals against this judgment were
eventually dismissed as inadmissible on procedural grounds and it
became final.
On
29 April 2002 the Svyatoshynsky District Tax Administration
registered the State's (the municipality's) title to the late Mrs
Y.B.'s flat as intestate estate.
On
28 May 2002 the Tax Administration instituted court proceedings
against the applicants, seeking to annul their tenancy registration
as lacking any legal basis on account of the impaired judgment of the
former flat owner when authorising it. The Administration further
sought to evict the applicants, claiming that their occupancy impeded
the authorities' ability to sell the flat at the highest possible
price.
The
second applicant lodged a counterclaim, seeking to be acknowledged as
a lawful tenant of the flat. He maintained, in particular, that he
and his mother had occupied it for a considerable period of time in
good faith and on lawful grounds and took care of maintenance fees
and renovations. In addition, the family had no alternative housing
and their eviction would compromise the interests of raising two
minor children, who remained in his custody after their mother had
left the family.
Subsequently
the Svyatoshynsky District Minors Service intervened in the
proceedings, requesting the court to consider the interests of the
two minor children in retaining the tenancy.
During
the hearing of 15 July 2002 the Svyatoshynsky District Court of Kyiv
requested Mr Ts., one of the experts who had conducted the
post-mortem assessment of Mrs Y.B.'s mental state in February 2001,
to assess whether she had been legally competent to authorise the
first applicant's tenancy on 16 July 1992. On the same day Mr Ts.
delivered a statement that, based on the results of the post-mortem
psychiatric assessment of Mrs Y.B.'s condition in 1993, it was
certain that on the date at issue she could not understand the
meaning of her actions or control them.
On
the same date the court issued a judgment allowing the claim by the
Tax Administration. The relevant part of the judgment read as
follows:
“The court, having heard the explanations of the
parties, having examined case-file materials, considers it necessary
to allow the initial claim ... and to reject the counterclaim, regard
being had to the following:
On 16 July 1992 and 5 January 1993 respectively, Y. B.,
who could not understand the meaning of her actions or control them,
authorised the registration of Kryvitska G.S. and Kryvitskyy
Y.F. as tenants of the part of the building belonging to her ...,
having thus concluded a tenancy agreement.
On 16 December 1998 she died, and 2/400 of the building,
which had belonged to her ..., became property of the State
represented by the Svyatoshynskyy District Tax Administration of Kyiv
..., which on 28 May 2002 sought protection of the owner's rights,
which should not be infringed by Kryvitskyy Y.F. and Kryvitska G.S.,
who have occupied the premises, regard being had to the above,
arbitrarily, and should be evicted without provision of other
housing.
In light of the above Kryvitskyy Y.F.'s claim of right
to use the premises cannot be allowed ...
Regard being had to the above and referring to Articles
55 and 555 of the Civil Code of Ukraine, Articles 4 and 48 of the Law
of Ukraine “On Property”, Articles 116 and 191 of
the Housing Code of Ukraine, Articles 15, 30, 62, 75 and 203 of the
Code of Civil Procedure of Ukraine, the court
HAS DECIDED:
To allow the initial claim ...”
The
applicants appealed. They alleged, in particular, that the expert
assessment of Mrs Y.B.'s mental health was flawed and superficial,
that at the moment of concluding their tenancy agreement they had
acted in accordance with the law and in good faith and, under the
circumstances of their case, could not have foreseen that the law
concerning arbitrary occupation of the premises would be
retrospectively applied to them. They further alleged that their
eviction would render them homeless and infringe their Constitutional
right to respect for their home and, moreover, the second applicant's
eviction would jeopardize the rights of the two minor children, who
remained in his sole custody.
On
13 August 2002 the Minors Service informed the Kyiv City Court of
Appeal that the children actually lived in the flat and were in the
second applicant's custody, since their mother had left to work in
Russia.
On
16 October 2002 the Kyiv City Court of Appeal dismissed the
applicants' appeal, endorsing the first-instance court's reasoning.
It also noted that according to an address bureau certificate, the
children and their mother were not registered as tenants in the flat
at issue. The judgment became binding for enforcement.
The
applicants appealed in cassation, maintaining, in addition to their
previous arguments, that the courts had wrongly refused to admit
their evidence that the children had remained resident in the flat.
On 8 May 2003 the Supreme Court dismissed the applicants' request for
leave to appeal in cassation, having found that the lower courts had
properly assessed the evidence before them and interpreted the
applicable law.
On
12 November 2002 Mr Zh., the bailiff assigned to the case, requested
the Svyatoshynsky District Court to clarify its judgment of 15 July
2002 in view of the fact that the children were found to be actually
living in the flat.
On
14 November 2002 the President of the Svyatoshynskyy District Court
wrote a letter to the Chiefs of the Kyiv City Department of Justice
and the Svyatoshynsky District Department of Justice, stating that,
having requested clarification of an already clear judgment, Mr Zh.
had intentionally protracted its enforcement, thus grossly
interfering with State interests. He further requested the addressees
to prevent such applications in future.
On
an unspecified date the applicants requested that their eviction be
replaced by monetary compensation.
On
28 December 2002 the court dismissed the Bailiffs' and the
applicants' requests.
In
the meantime, on 5 December 2002 the applicants were evicted.
According to the applicants, they had to request housing of various
relatives and friends and had no stable place of residence following
their eviction. In 2006 the second applicant bought a house.
On
several occasions the applicants requested the Tax Administration to
inform them when the flat would be put on sale, as they were
interested in trying to purchase it and received responses that they
could be eligible for a purchase only if all co-owners of the
building waived their statutory privilege. Subsequently they were
informed that in April 2003 the flat had been sold to Mrs G.D.,
a co-owner of the building.
II. RELEVANT DOMESTIC LAW
A. Civil Code of 1963 (repealed with effect from
January 2004)
Relevant
provisions of the Civil Code read as follows:
Article 55. Invalidity of an agreement concluded by a
citizen
unable to understand the meaning of his actions
“An agreement concluded by a citizen who, although
legally capable, at the moment of its conclusion was unable to
understand the meaning of his actions or control them, can be
annulled by the court ...”
Article 555. Transfer of legacy to the State
“Inheritable property shall be transferred to the
State as a successor:
...
2) in the event that a predecessor has no
heirs either by virtue of the law or of a testament;
...”
B. Housing Code
Relevant
provisions of the Housing Code read as follows:
Article 116. Eviction without provision of
alternative accommodation
“... Persons who arbitrarily occupy residential
premises shall be evicted without provision of other housing.”
Article 191. Procedure for resolution of
housing disputes
(before amendments of 15 May 2003)
“Housing disputes shall be decided in accordance
with the legislation ... by a court, arbitration court, mediation or
comrades' court, as well as other competent bodies.”
C. Law of Ukraine “On Property” no. 697-XII
of 7 February 1991 (repealed with effect from 27 April 2007)
Relevant
provisions of the Law “On Property” read as follows:
Article 4. Fulfilment of property rights
“1. The owner of a property shall
possess, use and dispose of that property at his discretion.
2. The owner of a property shall be entitled
to carry out any actions with respect to that property, which are not
in conflict with the law ...
...”
Article 48. General provisions [concerning protection
of property rights]
“1. Ukraine shall legislatively ensure
equal conditions for the protection of property rights for
individuals, organisations and other owners.
2. The owner of a property may demand that
any infringements of his rights are ceased, even where those
infringements are not connected with the deprivation of the
possession, and compensation for resulting damage.
...”
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION
The
applicants complained that their “right to a home” was
violated on account of the annulment of their tenancy registration
and eviction. They referred to Article 8 of the Convention, which
reads as follows:
“1. Everyone has the right to respect
for his private and family life, his home and his correspondence.
2. There shall be no interference by a public
authority with the exercise of this right except such as is in
accordance with the law and is necessary in a democratic society in
the interests of national security, public safety or the economic
well-being of the country, for the prevention of disorder or crime,
for the protection of health or morals, or for the protection of the
rights and freedoms of others.”
A. Admissibility
The
Government did not submit any observations concerning the
admissibility of this complaint.
The
Court notes that this complaint is not manifestly ill-founded within
the meaning of Article 35 § 3 of the Convention. It further
notes that it is not inadmissible on any other grounds. It must
therefore be declared admissible.
B. Merits
1. Submissions of the parties
The
applicants submitted that Mrs Y.B.'s flat had been their only home
and that prior to their eviction they had occupied it lawfully for
some ten years. The retrospective annulment of their tenancy
registration and their eviction had constituted a serious, unlawful
and disproportionate interference with their rights guaranteed by
Article 8 of the Convention. In particular, when concluding the
tenancy agreement and registering it with the competent authorities,
they could not have anticipated that they would be qualified as
“arbitrary occupants” ten years later. In their opinion,
in authorising the tenancy, the flat owner had been of sound mind and
the competent authorities at the material time had duly registered
their tenancy without questioning this fact. Furthermore, in
1995-1996, when the owner had acted on her own behalf in a court
dispute and attended hearings, the courts had never questioned her
legal capacity to do so.
The
applicants further submitted that in considering the matter of their
eviction, the courts had failed to balance their interests in
retaining the flat against the State interests in having the premises
vacated. The courts had refused to consider their arguments to the
effect that they had been long-term good-faith occupants and had
invested in the renovation and maintenance of the flat and paid the
necessary charges, or that the second applicant had had two minor
children in his custody and that in the event of eviction the whole
family would effectively become homeless. They submitted that in 2006
the second applicant had eventually bought a different house in Kyiv.
However, in their opinion, this did not change the fact that their
eviction in 2002 from their only home had been unlawful and
disproportionate.
The
Government submitted that there had not been a violation of the
applicants' rights under Article 8. In particular, a decision
concerning annulment of their tenancy and their eviction had been
taken at the close of adversary proceedings, in which all the parties
had been given an equal opportunity to present their arguments. The
courts had assessed the evidence properly, given full reasons for
their decisions and acted in accordance with the applicable law. As
the applicants had been found to have occupied the premises without
any legal basis, the annulment of their occupancy registration and
their eviction served the legitimate aim of protecting the interests
of the owner and could not be considered as having breached their
Convention rights.
Moreover,
the applicants had not in fact been left homeless. They could have
returned to the two-room flat in which they had been registered
before they moved into Mrs Y.B.'s home. At the material time that
flat had been occupied by the first applicant's adult daughter.
According to the Inventory Bureau certificate obtained in 2009, the
second applicant was also registered as the owner of a house in Kyiv.
2. The Court's assessment
(a) General principles
In
Convention terms, the notion of a “home” is not limited
to premises which are lawfully occupied or which have been lawfully
established. Whether or not a particular habitation constitutes a
“home” which attracts the protection of Article 8 §
1 will depend on the factual circumstances, namely, the existence of
sufficient and continuous links with a specific place (see, among
other authorities, Prokopovich v. Russia, no. 58255/00, §
36, ECHR 2004 XI (extracts)).
Loss
of one's home is a most extreme form of interference with the right
to respect for the home (see, among other authorities, McCann
v. the United Kingdom, no. 19009/04, § 50, 13
May 2008).
A State interference constitutes a violation of
Article 8 of the Convention, unless it pursues one of the legitimate
aims enumerated in Article 8 § 2, is “in accordance with
the law”, and can be regarded as “necessary in a
democratic society” (see Saviny
v. Ukraine, no. 39948/06, § 47,
18 December 2008).
The expression “in accordance with the law”
does not merely require that the impugned measure should have a basis
in domestic law but also refers to the quality of the law in
question. In particular, the law must be sufficiently clear in its
terms and afford a measure of legal protection against arbitrary
application (see, among other authorities, Vlasov v. Russia,
no. 78146/01, § 125, 12 June 2008). The function of
clarification and interpretation of the provisions of domestic law
belongs primarily to domestic judicial authorities (see e.g. Öztürk
v. Turkey [GC], no. 22479/93, § 55, ECHR 1999 VI).
While the Court is not in a position to substitute its own judgment
for that of the national courts and its power to review compliance
with domestic law is limited (see, among other authorities,
Slivenko v. Latvia [GC], no. 48321/99, § 105,
ECHR 2003 X, and Paulić v. Croatia,
no. 3572/06, § 39, 22 October 2009), it is the Court's
function to review the reasoning adduced by domestic judicial
authorities from the point of view of the Convention (see Slivenko,
loc. cit.). To protect a person against arbitrariness it is not
sufficient to provide a formal possibility of bringing adversarial
proceedings to contest the application of a legal provision to his or
her case. Where a resulting judicial decision lacks reasoning or an
evidentiary basis, ensuing interference with a Convention right may
become unforeseeable and consequently fall short of the lawfulness
requirement (see, mutatis mutandis, Lupsa v. Romania,
no. 10337/04, §§ 41-42, ECHR 2006 VII and C.G.
and Others v. Bulgaria, no. 1365/07, § 42, 46 and49-50,
24 April 2008).
Furthermore, interference with an applicant's right to
respect for his or her home must not only be based on the law but
also be “necessary in a democratic society”. In other
words, it must answer a “pressing social need” and, in
particular, be proportionate to the legitimate aim pursued (see
Zehentner v. Austria,
no. 20082/02, § 56, ECHR 2009 ...). The concept of a
“home” is of central importance to an individual's
identity, self-determination, physical and moral integrity,
maintenance of relationships with others and a settled and secure
place in the community (see Connors v. the United Kingdom,
no. 66746/01, § 82, 27 May 2004). Given that eviction is a
serious interference with an individual's right to respect for his or
her home, the Court attaches particular weight to the procedural
safeguards afforded to that individual in the course of the
decision-making process (see Zehentner, cited above, §
60). In particular, even where the lawful right to occupation of the
premises has come to an end, an individual should in principle be
able to have the proportionality of the measure determined by an
independent tribunal in the light of the relevant principles of
Article 8 of the Convention (see, among other authorities, Stanková
v. Slovakia, no. 7205/02, §§ 60-63, 9 October
2007; McCann, cited above, § 50; Ćosić
v. Croatia, no. 28261/06, §§
21-23, 15 January 2009; and Paulić v.
Croatia, no. 3572/06, §§
42-45, 22 October 2009). Lack of reasoning in a judicial decision as
to the grounds of application of a statute may, even where the formal
requirements have been complied with, be taken into account among
other factors in determining whether the measure complained of struck
a fair balance (see, mutatis mutandis, Beyeler v. Italy [GC],
no. 33202/96, § 110, ECHR 2000 I).
(b) Application of these principles in the
present case
The
Court notes that the applicants in the present case entered into a
tenancy agreement for the disputed flat in 1992 and 1993
respectively. It has not been suggested by the Government that until
their eviction in 2002 they resided elsewhere. The Court thus finds
it established that the annulment of the applicants' tenancy and
ensuing eviction interfered with their rights guaranteed by Article 8
of the Convention.
According
to the Government, this interference pursued a legitimate aim of
protecting the owner's interests. As the owner was the State itself,
the eviction protected interests of the State and cannot be covered
by the Article 8 § 2 exception concerning the protection of
rights and freedoms of others. Since the authorities sought vacation
of the flat in order to gain profit, the Court, however, can accept
that eviction was seen as benefiting economic well-being of the
country. The “legitimate aim” requirement of Article 8 §
2 of the Convention has therefore been satisfied.
The
Court further notes that, as suggested by the Government, the
decision to annul the applicants' tenancy and evict them was taken by
a competent court at the close of adversary proceedings and had a
clear basis in domestic statutory provisions (see paragraphs 19 and
30-32 above).
At
the same time, in assessing the applicants' argument that the
application of those provisions to their case was unforeseeable, the
Court notes that the applicants' tenancy was retrospectively annulled
as lacking a legal basis from its very beginning, after having been
officially registered with the competent authorities for some ten
years. The basis for this annulment was a finding that the flat
owner, who had never been formally deprived of legal capacity and
apparently had had an independent lifestyle, “could not
understand the meaning of her actions or control them” on a
particular date in 1992 when authorising the first applicant's
tenancy. The Court considers that such a conclusion required solid
evidentiary basis, regard being had, in particular, to the fact that
it was reached after the owner's death, at the request of a third
party (the State) ten years from the date at issue. In the meantime,
in their reasoning the courts relied exclusively on a statement by a
single expert, who appears to have taken several hours at most to
formulate it upon studying one source of evidence – namely, a
psychiatric assessment, carried out in 2001, relating to March 1993
(a later date). It appears that in the circumstances of the present
case that evidentiary basis left room for a speculative assessment of
the facts, and considerably obscured the foreseeability of a statute
on eviction of arbitrary occupants being applied.
In
any event, the Court considers that the applicants' argument with
respect to the quality of the relevant law as interpreted by the
courts is intertwined and indissociable from the question of whether
or not the interference with their right to a home was necessary in a
democratic society and, accordingly, proportionate.
In
this regard the Court notes that the judicial authorities were faced
with balancing the interests of the applicants' family with two minor
children, who had been long-term occupants of the flat, against the
financial interest of the State in maximising profit from sales of a
flat acquired by it as intestate property. In the course of the
judicial proceedings the applicants raised a number of arguments,
alleging that their eviction would constitute a disproportionate
burden on them. They alleged, in particular, that they had concluded
their tenancy in good faith and that they had been considered lawful
occupants for a considerable time, bearing maintenance expenses and
charges, as well as investing in renovations on the property. These
arguments were not addressed in the texts of the relevant judgments,
the courts confining themselves to deciding whether or not the
applicants' occupancy complied with statutory provisions.
Furthermore, at no stage of the proceedings (including enforcement)
did the courts consider the applicants' argument that following
eviction they would be rendered homeless with two minor children. It
is not clear from the case-file, to what extent the applicants
actually suffered on account of their eviction and whether they
easily relocated. It appears that the second applicant was able to
obtain new permanent housing four years after the events giving rise
to the application. However, even assuming that, as suggested by the
Government, the applicants were able to relocate in good time and
without a prohibitive outlay, their respective opportunities were
never a subject for consideration by the courts.
In
sum, regard being had to the authorities' failure to provide adequate
reasons for dismissing the applicants' arguments regarding
applicability of the law concerning eviction of arbitrary occupants
to their case or to assess the proportionality of their eviction, the
Court considers that the applicants were deprived of adequate
procedural safeguards in the decision-making process concerning their
right to a home.
There
has, therefore, been a violation of Article 8 of the Convention in
the instant case.
II. ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION
The applicants also complained that the courts had
failed to analyse their central arguments, in particular, that they
had been officially recognised tenants of the flat at issue for some
ten years and that their eviction would seriously affect their
private and family life as well as the interests of the two children.
They relied on Article 6 § 1 of the Convention, which, in so far
as relevant, reads as follows:
“In the determination of his civil rights and
obligations ..., everyone is entitled to a fair ... hearing ... by
[a] ... tribunal ...”
The
Government contested these arguments.
The Court notes that this complaint is linked to the
applicants' complaint under Article 8 and must therefore likewise be
declared admissible.
It
further reiterates that, notwithstanding the difference in the nature
of the interests protected by Articles 6 and 8 of the Convention,
which may require separate examination of the claims lodged under
these provisions, in the instant case the lack of respect for the
applicants' home is at the heart of their complaint. Regard being had
to the reasons which served as a basis for finding a violation of
Article 8 (see paragraphs 49-51 above), the Court considers that it
is not necessary to examine the same facts also under Article 6 (see
Hunt v. Ukraine, no. 31111/04, § 66, 7 December 2006, and
Saviny v. Ukraine, no. 39948/06, §
70, 18 December 2008).
III. ALLEGED VIOLATION OF ARTICLE 1 OF PROTOCOL NO. 1
OF THE CONVENTION
Lastly, the applicants complained under Article 1 of
Protocol No. 1 that by virtue of their eviction they were deprived of
the results of home improvements made by them during their occupancy.
The
Court notes that the applicants never raised this complaint in the
domestic proceedings and have therefore failed to exhaust domestic
remedies in that connection.
This
complaint must therefore be rejected as inadmissible in accordance
with the requirements of Article 35 §§ 1 and 4 of
the Convention.
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
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.”
A. Damage
The
applicants claimed 90,000 euros (EUR) each in respect of
non-pecuniary damage.
The
Government submitted that this claim was exorbitant and
unsubstantiated.
The
Court considers that the applicants must have suffered some
non-pecuniary damage on account of the violation found which cannot
be adequately compensated by the finding of a violation alone. Having
regard to the nature of the violation found in the present case and
making its assessment on an equitable basis, the Court therefore
awards each of the applicants 6,000 euros (EUR) under this head.
B. Costs and expenses
The
applicants submitted no claim under this head. The Court therefore
makes no award.
C. Default interest
The
Court considers it appropriate that the default interest 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
Declares the complaints under Articles 8 and 6 §
1 of the Convention admissible and the remainder of the application
inadmissible;
Holds that there has been a violation of Article
8 of the Convention;
Holds that it is not necessary to decide whether
there has been a violation of Article 6 § 1 of the Convention;
Holds
(a) that
the respondent State is to pay each of the applicants, within three
months from the date on which the judgment becomes final in
accordance with Article 44 § 2 of the Convention, EUR 6,000 (six
thousand euros) in respect of non-pecuniary damage plus any tax that
may be chargeable, to be converted into the national 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;
Dismisses the remainder of the applicants' claim
for just satisfaction.
Done in English, and notified in writing on 2 December 2010, pursuant
to Rule 77 §§ 2 and 3 of the Rules of Court.
Claudia Westerdiek Peer Lorenzen
Registrar President