Key facts of the case:
- The case originated in an application (no. 383/13) against the Slovak Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Peruvian national, Mr Jose Augusto Frisancho Perea (“the applicant”), on 27 December 2012.
- The applicant was represented by Mr I. Gažík, a lawyer practising in Prievidza. The Government of the Slovak Republic (“the Government”) were represented by their Agent, Ms M. Pirošíková.
- The applicant complained, in particular, that he had not been allowed to take part in the proceedings initiated by his wife before the Constitutional Court in relation to an order for the return of their children to the country of their habitual residence under the Convention on the Civil Aspects of International Child Abduction (“the Hague Convention”), that the Constitutional Court’s judgment quashing the return order had arbitrarily frustrated the entire purpose of the Hague Convention proceedings, and that the proceedings for the enforcement of the return order had been unfair in that an order by the Constitutional Court suspending the enforceability of the order and other material relevant for their outcome had not been made available to him.
- On 11 July 2014 the above complaints were communicated to the Government under Articles 6 § 1, 8 and 13 of the Convention and the remainder of the application was declared inadmissible.
Results (sanctions) and key consequences of the case:
THE COURT, UNANIMOUSLY,
- Declares the application admissible;
- Holds that there has been a violation of Article 8 of the Convention;
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts:
(i) EUR 19,500 (nineteen thousand five hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
(ii) EUR 7,500 (seven thousand five hundred euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
- Dismisses the remainder of the applicant’s claim for just satisfaction.