Judgment 6147/18

Applicant name BOCŞA
Applicant type natural person
Number of applicants 1
Country Moldova
Application no. 6147/18
Date  04/04/2023
Judges Jovan Ilievski, President,
 Lorraine Schembri Orland,
 Diana Sârcu
Institution Court
Type Judgment
Outcome Art. 8 Violation
Reason Positive obligation
Type of privacy Relational privacy; procedural privacy
Keywords Contact child
Facts of the caseThe case concerns the non-enforcement of a court decision setting the contact schedule between the applicant and his children, which amounted to the factual withdrawal of his contact rights.
AnalysisIn determining whether the authorities have taken all the steps necessary to facilitate contact as can reasonably be required of them, the Court notes that the applicant and the police sought the involvement of the child protection authority but no action was undertaken by this authority. There does not appear to have been any attempt to provide any mediation for the parents or to secure contact between the applicant and his children in the presence and with the support of child protection specialists.  For this reason, the Court concludes that by withdrawing the applicant’s contact rights in the absence notably of any fair decision-making process, the domestic authorities failed to discharge their positive obligation under Article 8.
Other Article violation? No
Damage awarded (a) that the respondent State is to pay the applicant, within three months, the following amounts, to 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