MOLLA SALI v. GREECE - 20452/14 (Judgment : Pecuniary and non-pecuniary damage - award : Grand Chamber) [2020] ECHR 452 (18 June 2020)

MOLLA SALI v. GREECE - 20452/14 (Judgment : Pecuniary and non-pecuniary damage - award : Grand Chamber) [2020] ECHR 452 (18 June 2020)

Greece violated Article 14 ECHR in conjunction with Article 1 of Protocol No. 1 by applying Sharia law to the applicant's inheritance, depriving her of three-quarters of her late husband's estate in Greece. The appropriate redress is for Greece to guarantee her ownership of the property or, failing that, to pay...

Source-derived case information.

Citation
[2020] ECHR 452
Parties
Applicant: Ms Chatitze Molla Sali; Respondent: Hellenic Republic (Greece)
Jurisdiction
European Union
Judgment Date
18 June 2020
Procedural Posture
Application Under Article 34 ECHR / Article 41 (just Satisfaction) Judgment Following Principal Judgment on Merits
Outcome
Partly allowed; just satisfaction awarded for property in Greece only; remainder of claim dismissed.
Legal Topics
Just Satisfaction, Discrimination on Grounds of Religion, Inheritance Rights, Application of Sharia Law, Article 14 ECHR, Article 1 Protocol No. 1 ECHR, Restitutio in Integrum
Human Rights Law Property Law Discrimination Law Just Satisfaction Discrimination on Grounds of Religion Inheritance Rights Application of Sharia Law Article 14 ECHR +2 more

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Parties

Ms Chatitze Molla Sali

Applicant

Hellenic Republic (Greece)

Respondent

Procedural Posture

Application Under Article 34 ECHR / Article 41 (just Satisfaction) Judgment Following Principal Judgment on Merits

Legal Issues

  1. 1 Whether Greece must provide just satisfaction for deprivation of inheritance rights due to application of Sharia law to a will made under civil law
  2. 2 Whether the applicant is entitled to compensation for property in Greece and Turkey
  3. 3 Whether the Court has jurisdiction to award compensation for property located in Turkey

Ratio Decidendi

Greece violated Article 14 ECHR in conjunction with Article 1 of Protocol No. 1 by applying Sharia law to the applicant's inheritance, depriving her of three-quarters of her late husband's estate in Greece. The appropriate redress is for Greece to guarantee her ownership of the property or, failing that, to pay compensation for the value of the share of which she was deprived. The Court has no jurisdiction to award compensation for property in Turkey as the principal judgment did not establish a substantive position on those rights.

Court Disposition

Partly allowed; just satisfaction awarded for property in Greece only; remainder of claim dismissed.

Orders

  • Greece must guarantee applicant's ownership of property bequeathed in Greece or compensate her EUR 41,103.36 within one year for pecuniary damage (three-quarters of property value), plus tax if applicable.
  • Applicant must repay compensation if domestic proceedings result in outcome consistent with principal judgment.