The ECHR found a violation of the requirements of paragraph 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR found a violation of the requirements of paragraph 1 of Article 6 of the Convention for the Protect Сведения: 2019-04-24 15:35:19

ECHR ruling of November 20, 2018 in the case of Gorbulin v. The Russian Federation (application No. 60289/14).

The case successfully examined the application of the applicant serving a sentence in a correctional colony, that he had not been served a copy of the decision on his divorce case (he learned about the divorce only a few years later) and that the domestic courts refused his request to extend the appeal period and failed to secure his participation in the divorce proceedings. The case has violated the requirements of paragraph 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2014, the complainant was assisted in preparing a application. Subsequently, the application was communicated to the Russian Federation.

In his application, the complainant, who is serving a sentence in a correctional colony, complained that he had not been served a copy of the decision on his divorce case (he had learned about the divorce only a few years later) and that the domestic courts had refused his request to extend the appeal period and failed to secure his participation in the divorce proceedings.

On 20 November 2018, on a application filed by the applicant, the European Court unanimously decided that in the present case the authorities violated the requirement of Article 6 § 1 of the Convention (the right to a fair trial), and ordered the respondent state to pay the applicant 1,500 euros in compensation moral harm.

 

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