Ageyevy v. Russia - 7075/10 - Legal Summary [2013] ECHR 432 (18 April 2013)

Ageyevy v. Russia - 7075/10 - Legal Summary [2013] ECHR 432 (18 April 2013)

Revocation of adoption and denial of access were not sufficiently justified by domestic courts; authorities failed to effectively investigate unauthorised disclosure of confidential information; domestic courts failed to protect reputation and presumption of innocence in defamation proceedings; these failures...

Source-derived case information.

Citation
[2013] ECHR 432
Parties
Applicants: Ageyevy; Respondent: Russia
Jurisdiction
European Union
Judgment Date
18 April 2013
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
Violations of Article 8 found; compensation awarded for non-pecuniary damage; claim for pecuniary damage dismissed.
Legal Topics
Article 8 ECHR, Positive Obligations, Family Life, Private Life, Protection of Reputation, Presumption of Innocence, Child Adoption, Confidential Information Disclosure
Human Rights Family Law Privacy Law Article 8 ECHR Positive Obligations Family Life Private Life Protection of Reputation +3 more

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Parties

Ageyevy

Applicants

Russia

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

Legal Issues

  1. 1 Whether removal of adopted children violated Article 8
  2. 2 Whether revocation of adoption violated Article 8
  3. 3 Whether denial of access to children violated Article 8

Ratio Decidendi

Revocation of adoption and denial of access were not sufficiently justified by domestic courts; authorities failed to effectively investigate unauthorised disclosure of confidential information; domestic courts failed to protect reputation and presumption of innocence in defamation proceedings; these failures constituted violations of Article 8.

Court Disposition

Violations of Article 8 found; compensation awarded for non-pecuniary damage; claim for pecuniary damage dismissed.

Orders

  • EUR 25,000 to first applicant for non-pecuniary damage
  • EUR 30,000 to second applicant for non-pecuniary damage