készíti: Gellért Ádám
email/elérhetőség: gadam107@yahoo.com

“The only necessary for "evil" to triumph is for a few good men to do nothing”


2012. április 30., hétfő

Családon belüli erőszak ésszerű időn belül történő elbírálása – Magyarországot elmarasztaló döntés Strasbourgban


strasbourgi  bíróság kettes számú tanácsa 5150 eurót ítélt meg a Kalucza v. Hungary (Application no. 57693/10, 24 April 2012) ügyben. A döntés fontosabb megállapításai:

"59.  [...] Under Article 8, States have a duty to protect the physical and psychological integrity of an individual from threats by other persons. To that end they are to maintain and apply in practice an adequate legal framework affording protection against acts of violence by private individuals. [...] For the Court, these considerations equally apply in situations where an individual’s right to the enjoyment of his or home free of violent disturbance is at stake.

60.  The main issue in the present case is whether the State complied with its positive obligation to protect the physical integrity of the applicant from the threat posed by her former common-law husband. The applicant involuntarily shares her home with this person, which is aggravated by the fact that their relationship has deteriorated to such an extent that disputes - including mutual verbal and physical assaults - occur on a regular basis. Her civil actions and criminal complaints were to no avail.

62.  The Court notes that the national courts instituted several sets of criminal proceedings against Gy.B. Having been found guilty on two occasions, he was released on parole and ordered to pay a fine. Two other sets of criminal proceedings for assault are pending against him.  [...]

64.  Notwithstanding the aforementioned, the Court finds it striking that the authorities needed more than one and a half years to decide on the applicant’s first request for a restraining order.  [...].

65.  As to the dismissal of the applicant’s requests for a restraining order, the Court takes the view that the domestic courts failed to give sufficient reasons for their decisions. On both occasions, the courts referred to the hearings held in this matter, but apart from stating that the bad relationship was imputable to both parties and that the conditions for issuing a restraining order had not been met, they failed to put in writing the particular reasons justifying their decision.

68.  Lastly, the Court must draw attention to the fact that there are three different sets of civil proceedings pending before the domestic courts concerning the apartment in question. These proceedings, namely an action initiated by the applicant to order Gy.B. to leave the apartment (see paragraph 34 above) and two sets of proceedings for the determination of ownership (see paragraphs 28 and 29 above) would, in theory, be capable of eradicating the root of the problem, which is the unwanted residence of Gy.B. in the flat. In light of the regular and rather violent disputes between the parties and the fact that those proceedings have been suspended since 2007 and 2008, respectively, the Court finds that the domestic courts failed to comply with their positive obligation to decide the cases within a reasonable time".

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