The ECHR found a violation of the requirements of Article 6 § 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 1 of Protocol No. 1 to the Convention.

Заголовок: The ECHR found a violation of the requirements of Article 6 § 1 of the Convention for the Protection of Huma Сведения: 2018-08-07 11:12:52

The ECHR judgment of 11 January 2018 in the case of Sagatinov and Others v. Russia (applications No. 20792/08, 3267/12 and 20326/12).

In the case, the applicants successfully complained about the failure to comply with the decisions of the courts of the Russian Federation establishing the fulfillment of the obligation in kind in favor of the applicants, as well as the fact that they did not have an effective remedy in this regard. There has been a violation of the requirements of Article 6 § 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 1 of Protocol No. 1 to the Convention.

In 2008 and 2012, the applicants were assisted in the preparation of applications. Subsequently, the applications were merged and communicated to the Russian Federation.

In their complaints, the applicants (three persons) complained of non-compliance with the decisions of the courts of the Russian Federation establishing the performance of an obligation in kind in favor of the applicants, and also that they did not have an effective remedy in this regard.

On 11 January 2018, on the complaints submitted by the applicants, the Court unanimously held that in this case the Government violated the requirement of Article 6 § 1 of the Convention (the right to a fair trial), Article 1 of Protocol No. 1 (protection of property) and that there is no the need to consider a complaint under Article 13 of the Convention (the right to an effective remedy), obliging the respondent State to enforce those judgments.

 

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