KĻAVIŅŠ v. LATVIA and 2 other applications (European Court of Human Rights)

Last Updated on April 24, 2019 by LawEuro

Communicated on 16 January 2019

FIFTH SECTION

Application no.76865/17
InārsKĻAVIŅŠ against Latvia
and 2 other applications
(see list appended)

SUBJECT MATTER OF THE CASE

The applications concern the length of various types of proceedings involving civil claims.

In particular, Mr Kļaviņš (application no. 76865/18) was involved in criminal proceedings. He joined them as a civil party seeking damages for his son’s death (domestic proceedings no. 11520097006). Ms Guravska (application no. 41553/18) was involved in civil proceedings regarding a property dispute (domestic proceedings no. C04215408). The third applicant, Mr Tauters (application no. 57008/18) in 2013 brought compensation proceedings before the administrative courts against the local municipality (domestic proceedings no. A420277914).

QUESTIONS tO THE PARTIES

1.  Have the applicants exhausted all effective domestic remedies as required by Article 35 § 1 of the Convention?

In particular, was there an effective remedy available in theory and in practice at the relevant time, that is to say, one that was accessible, capable of providing redress in respect of the applicants’ complaints, and offered reasonable prospects of success?

The Government are invited to submit relevant case-law examples.

2.  Was the length of the proceedings in the present cases in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?