respect of home Archives

respect of home

Eviction and decision to demolish the applicants’ only residence without a proportionality test! Violation of respect for their home

1st P - Article 1
09/05/2023 13:12

JUDGMENT ALIF AHMADOV AND OTHERS v. AZERBAIJAN 04.05.2023 (app. no. 22619/14) see here SUMMARY Eviction and demolition of a single dwelling. Principle of proportionality. Right to respect for the home. Judicial decisions ordered the applicants to vacate their houses and demolish them at their own expense because they were built on public property that was […]

Students’ eviction from a State-owned hostel. Inadequate justification for the eviction and failure to take into account the personal situation of the applicants

Article 8
05/03/2023 13:51

JUDGMENT KLYMENKO v. UKRAINE 02.03.2023 (app. no. 14301/14) see here SUMMARY Eviction of the applicants from a State-owned hostel. Right of respect for home. In May 2012 the applicants sued the Kharkiv National Medical University (“the University”), seeking an acknowledgment of their right to protected tenancy of a flat in a State-owned student hostel managed by […]

Unjustified search of a home and seizure of personal belongings. Violation of respect for home

Article 10
24/01/2023 16:09

JUDGMENT Svetova and others v. Russia 24.01.2023 (app. no. 54714/17) see here SUMMARY The five applicants complained about the unjustified search in their home. At 11 a.m. on 28 February 2017 the police arrived at the applicants’ apartment in Moscow to execute the warrant. According to the applicants, the officers did not introduce themselves and […]

Eviction of a mother and her minor son from a publicly owned hostel. Violation of the right to respect for their home

Article 8
15/01/2023 10:24

JUDGEMENT Mukovoz v. Ukraine 12.01.2023 (app. no. 17414/11) see here SUMMARY The applicant, together with her minor son, was forced to leave a public hostel apartment in which they were staying, on the grounds that the lease she had with the University, to which she belonged, had expired. On 30 October 2009, the applicant challenged […]

The expansion of a cemetery next to a house dangerously contaminated water and soil. Violation of the right to respect of home

Article 8
11/05/2022 09:36

JUDGMENT Solyanik v. Russia 10.05.2022 (app. no. 47987/15) see here SUMMARY The case concerned the applicant’s complaint about pollution from a cemetery located very close to his house and adjacent plot of land. Relying on Article 8 (right to respect for private, family life and home), the applicant complained that the ongoing use of the […]