The omissions of the state to enforce judgments cause multiple violations of the ECHR
JUDGMENT
Bigashev v. Russia 27-06-2017 (no.71444/13)
SUMMARY
Non-execution of court decisions. The applicant complained that work carried out on a public road near his home resulted in his property being flooded several times – and that the local authorities did not enforce a court order to carry out repairs in order to avoid further damage. The ECtHR held that there had been a violation of Article 6 (1) on the non-execution of a judgment and of Article 1 of the First Protocol, regarding the right to peaceful enjoyment of his property.
PROVISION
Article 6 par. 1
Article 1 par. 1 of the First Additional Protocol
PRINCIPAL FACTS
The applicant, Rifkat Bigashev, is a retired Russian national who was born in 1927 and lives in Izhevsk, in the Republic of Udmurtiya (Russia). Mr Bigashev complained that works carried out on a public road near his house had repeatedly caused his property to flood – and that the local authorities had disobeyed a court order to conduct repair works which would have prevented further damage.
The road works were carried out between 2000 and 2002. Since that time, Mr Bigashev’s property has been submerged by melted snow and groundwater every year. Mr Bigashev repeatedly brought proceedings against the municipal authority and a municipal company which had carried out the works, seeking damages and an order to compel them to repair the road. However, despite three judgments in his favour, the road was not repaired until October 2014. Mr Bigashev applied to be provided with social housing and he claims that his property is no longer habitable.
Relying in particular on Article 6 § 1 (right to a fair hearing) and Article 1 of Protocol No. 1 (protection of property), Mr Bigashev complained that a judgment of January 2013 ordering a repair of the road had not been enforced fully or in a timely manner, and that this failure had violated his right to the peaceful enjoyment of his home.
THE DECISION OF THE COURT
Violation of Article 6 § 1
Violation of Article 1 of Protocol No. 1
Just satisfaction: EUR 1,950 (non-pecuniary damage) and EUR 2,000 (costs and expenses)
