Judgment 30129/21

Applicant name GHAZARYAN
Applicant type Natural person
Number of applicants 1
Country Armenia
Application no. 30129/21
Date 28/11/2023
Judges Tim Eicke, President,
 Branko Lubarda,
 Ana Maria Guerra Martins
Institution Court
Type Judgment
Outcome Art. 8 Violation
Reason Positive obligation
Type of privacyRelational privacy; procedural privacy
Keywords Family reunion
Facts of the caseThe applicant complained under Articles 6 and 8 of the Convention that the Armenian courts had failed to examine his evidence and that he had not been given an opportunity to rebut the opposing party’s evidence. He further complained under Article 8 about the manner in which the courts evaluated the existence of a “grave risk” within the meaning of the exception provided for under Article 13 (b) of the Hague Convention. The applicant lastly complained that the appeal proceedings were not expeditious. The Court finds it appropriate to examine these complaints solely under Article 8 of the Convention
AnalysisThe national court’s main ground for refusing the applicant’s claim was that the child’s return would expose her to a grave risk, but that the applicant had no opportunity to challenge that finding. He was only granted access to relevant documents one day before the judgement by the national court. The ECtHR also pointed to the excessive length of the proceedings which overall lasted nine months. That is why it finds a violation of Article 8 ECHR.
Other Article violation? No
Damage awarded  that the respondent State is to pay the applicant, within three months, the following amountsto be converted into the currency of the respondent State at the rate applicable at the date of settlement:
(i) EUR 4,500 (four thousand five hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
(ii) EUR 2,500 (two thousand five hundred euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;
Documents Judgment