SOLARINO v. ITALY - 76171/13 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2017] ECHR 150 (09 February 2017)

SOLARINO v. ITALY - 76171/13 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2017] ECHR 150 (09 February 2017)

The Italian authorities, particularly the Court of Appeal, restricted the applicant's visitation rights based on unsubstantiated suspicions, disregarding expert evidence and the dismissal of criminal complaints. This lack of relevant and sufficient reasoning, and the failure to promptly restore contact after the...

Source-derived case information.

Citation
[2017] ECHR 150
Parties
Applicant: Giorgio Solarino; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction), First Section
Outcome
Violation of Article 8 ECHR found; just satisfaction awarded.
Legal Topics
Right to Respect for Family Life, Child Custody, Parental Visitation Rights, State Obligations Under ECHR Article 8
Human Rights Law Family Law Right to Respect for Family Life Child Custody Parental Visitation Rights State Obligations Under ECHR Article 8

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Parties

Giorgio Solarino

Applicant

Republic of Italy

Respondent

Procedural Posture

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

  1. 1 Whether the restriction of the applicant's visitation rights with his daughter violated Article 8 of the European Convention on Human Rights

Ratio Decidendi

The Italian authorities, particularly the Court of Appeal, restricted the applicant's visitation rights based on unsubstantiated suspicions, disregarding expert evidence and the dismissal of criminal complaints. This lack of relevant and sufficient reasoning, and the failure to promptly restore contact after the investigation, constituted a violation of Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR found; just satisfaction awarded.

Orders

  • The respondent State must pay the applicant 7,000 EUR for non-pecuniary damage within three months.
  • The respondent State must pay the applicant 6,000 EUR for costs and expenses within three months.