BAGDONAVICIUS AND OTHERS v. RUSSIA - 19841/06 (Judgment (Merits and Just Satisfaction) : Court (Third Section)) French Text [2016] ECHR 871 (11 October 2016)

BAGDONAVICIUS AND OTHERS v. RUSSIA - 19841/06 (Judgment (Merits and Just Satisfaction) : Court (Third Section)) French Text [2016] ECHR 871 (11 October 2016)

The Court found that the demolition of applicants' homes and forced eviction constituted an interference with their right to respect for their home under Article 8. Although the interference was lawful and pursued a legitimate aim, the Russian authorities failed to provide adequate procedural safeguards, did not...

Source-derived case information.

Citation
[2016] ECHR 871
Parties
Applicant: Bagdonavicius and others; Respondent: Federation of Russia
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)
Outcome
Violation of Article 8 and Article 14 (in conjunction with Article 8); No violation of Article 1 of Protocol No. 1; Just satisfaction awarded.
Legal Topics
Eviction, Right to Respect for Private and Family Life, Discrimination, Forced Demolition, Roma Rights
Human Rights Civil Procedure Property Law Eviction Right to Respect for Private and Family Life Discrimination Forced Demolition Roma Rights

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Parties

Bagdonavicius and others

Applicant

Federation of Russia

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)

  1. 1 Whether the demolition of applicants' homes and forced eviction violated Article 8 (right to respect for private and family life and home) and Article 14 (prohibition of discrimination) of the Convention; Whether Article 1 of Protocol No. 1 (protection of property) was violated

Ratio Decidendi

The Court found that the demolition of applicants' homes and forced eviction constituted an interference with their right to respect for their home under Article 8. Although the interference was lawful and pursued a legitimate aim, the Russian authorities failed to provide adequate procedural safeguards, did not sufficiently consider the applicants' vulnerability as Roma, and did not ensure proportionate measures or effective rehousing. The process lacked fairness and failed to balance the interests of the applicants against those of the municipality. Therefore, there was a violation of Article 8. The Court also found a violation of Article 14 in conjunction with Article 8 due to...

Court Disposition

Violation of Article 8 and Article 14 (in conjunction with Article 8); No violation of Article 1 of Protocol No. 1; Just satisfaction awarded.

Orders

  • Russian Federation to pay applicants EUR 166,700 in total for pecuniary and non-pecuniary damages.
  • Russian Federation to pay costs and expenses as specified in the judgment.