Kostic v. Serbia
European Court of Human Rights (hereinafter: the Court) is11. June 2024. He brought, and 2. July of the same year announced the verdict in the caseKostic v. Serbia, No. 31530/20.
The verdict isdoneo The three-member committee.
The case refers to the non-implementation of the applicant's rights with his son, as determined by the final Judgment of 2009. years (violation of rights referred to in Article 8 of the Convention). The Court supported the assessment of the Constitutional Court that the competent domestic authorities were failing to react quickly and appropriately, the amount of the Constitutional Damage to compensation under the applicant (EUR 1,200) cannot be considered appropriate and sufficient. |
Circumstances Case
The applicant is the father of the child born in 2003. years. The Joint Life of the Applicant and Mother of the Child stopped in 2009. years.
The Municipal Court in Velika Plana (hereinafter: February 2009. year, the judgment was determined that the child lives with his mother, and that the Father (the applicant) periodically implements the time according to the preset schedule. The order for the execution of the said verdict was issued 15. June 2009. years.
The mother's mother denied the applicant to keep contact with the child. The applicant addressed the Municipal Court through 6 submissions in the period from 6. July 2009. to 22. March 2010, wherein the submissions, in addition to enabling the contact with the child, requested that the child's mother was fined due to its treatment.
In the period from 11. November 2010. until 10. October 2013, the Center for Social Work submitted to the child's mother and the applicant, proposing that the Municipal Court continued to carry out the order of the Applicant's rights.
The Municipal Court sentenced four fines of the applicant in the period from 25. May 2010. until 14. July 2014 years. The mentioned verdicts were performed in 2014. years.
The applicant has made contact with the child on several occasions in the period from May 2014. until December 2015 years.
At a hearing of 19. April 2016. year, a child (at that time age 13) said that he had no intention of maintaining contact with his father (applicant).
The executive procedure was suspended 6. April 2017 years.
The Constitutional Court is 28. November 2019. passed the decision to determine that the applicant was violated by the right of parents and the right to trial within a reasonable time, and him awarded the amount of1,200.00 euros in the name of compensation of intangible damage due to the violation of the right (parent) on the contact and due to the excessive executive procedure.
Complaints Applicant and Before Court Procedures
The applicant filed a petition to the court30. June 2020. years.
The applicant complained of violation of the right to respect for private and family life from Article 8. Convention for the Protection of Human Rights and Freedoms (hereinafter: the Convention), because it has been deprived of untimely and inadequate activities, and thus the effective achievement of its parental rights.
Decision Court
The Court took the position that the amount of intangible damages were given at the domestic level could not be considered appropriate to remove the status of the applicant's victim, since it is significantly lower than the court usually judges in similar cases against Serbia.
Consequently, the Court determined a violation of Article 8. Of the Convention.
Fairly Gratification (Article 41 of the Convention)
The Court obliged the Republic of Serbia to pay the amount of 3,300.00 euros in the name of compensation of intangible damage.