ANTONETA TUDOR v. ROMANIA - 23445/04 - Chamber Judgment (French text) [2013] ECHR 862 (24 September 2013)

ANTONETA TUDOR v. ROMANIA - 23445/04 - Chamber Judgment (French text) [2013] ECHR 862 (24 September 2013)

The Court found that the Romanian authorities failed to provide the applicant with an effective and accessible procedure to access all relevant information concerning her deceased father within a reasonable time, as required by Article 8 ECHR. The authorities did not follow the special procedures for classified...

Source-derived case information.

Citation
[2013] ECHR 862
Parties
Applicant: Antoneta Tudor; Respondent: Romania
Jurisdiction
European Union
Procedural Posture
Chamber Judgment (echr) / Judgment on Merits and Just Satisfaction
Outcome
Violation of Article 8 ECHR; no separate issue under Article 6 § 1 ECHR; partial award of just satisfaction.
Legal Topics
Right to Respect for Private and Family Life, Access to Information, State Obligations, Procedural Fairness
Human Rights Law Right to Respect for Private and Family Life Access to Information State Obligations Procedural Fairness

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Parties

Antoneta Tudor

Applicant

Romania

Respondent

Procedural Posture

Chamber Judgment (echr) / Judgment on Merits and Just Satisfaction

  1. 1 Whether the applicant's right to respect for private and family life under Article 8 ECHR was violated by the authorities' failure to provide access to all files concerning her deceased father held by the former secret services
  2. 2 Whether there was a violation of Article 6 § 1 ECHR regarding the fairness of proceedings

Ratio Decidendi

The Court found that the Romanian authorities failed to provide the applicant with an effective and accessible procedure to access all relevant information concerning her deceased father within a reasonable time, as required by Article 8 ECHR. The authorities did not follow the special procedures for classified documents, and national courts did not verify whether the applicant's rights were fully respected. This constituted a violation of Article 8. No separate issue arose under Article 6 § 1.

Court Disposition

Violation of Article 8 ECHR; no separate issue under Article 6 § 1 ECHR; partial award of just satisfaction.

Orders

  • Romania must pay the applicant 4,500 EUR for non-pecuniary damage within three months, plus any tax due, converted at the rate applicable at the date of payment.
  • Interest at the marginal lending facility rate of the European Central Bank plus three percentage points will accrue after the three-month period until payment.