January 27
2020
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14th January 2020
Data, Tech & IP Human Rights Justice & Litigation

ECtHR: Court malfunction leading to disclosure of adoption documents is a violation

In today’s judgment in X and Others v. Russia, the ECtHR has found that the applicants’ right to respect for private and family life (Article 8 ECHR) was violated due to the publication on a court’s website of judicial decisions or documents disclosing information concerning the adoption of the applicants’ children. Furthermore, the ECtHR has held that there was a breach of the right to an effective remedy (Article 13 ECHR) as the civil actions brought by the applicants against the judges concerned were not examined on the merits by the domestic courts.

In this judgment, the ECtHR has also confirmed that Article 6(1) ECHR does not enshrine a substantive right to claim compensation for damages caused by a judicial act of a procedural nature, but defers the recognition of such right to domestic law. In X and Others v. Russia, the Strasbourg-based Court refused to apply this provision because Russian national law did provide for a substantive compensation claim, exclusively if there had been an unreasonable length of proceedings, which was not mentioned in the present case.

Read the judgment (available in French only) here.

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