Domestic violence

Case no. [71127/01], ECHR, Strasbourg, 12 June 2008,  Bevacqua and S. v. Bulgaria;

Ground: domestic violence; punishment of acts of violence against women; public policy against violence; the protection of the victims of violence; maximum security; right to respect for private and family life; the right to trial within  a reasonable time.

The abstract of the Judgment

The case has to do with the appeal to Bulgarian authorities for not guaranteeing the right to respect for private and family life in the difficult situation of the divorce of Mrs. Bevacqua due to the behavior of her former husband and with the delays of custody procedures. The applicant was based chiefly on the Article 6/1 (the right to trial within a reasonable time) and on the Article 8 (right to respect for private and family life) of the European Convention on Human Rights. ECtHR decided that there were not violations of the Article 6/1 of the Convention, but there were violations of the Article 8 because the Court has not taken immediate measures on the custody in the circumstances when was threatened the welfare of S. and also the Court has taken not quite effective measures on the behavior of the former husband of Mrs. Bevacqua. ECtHR decided to compensate the applicant with  EUR 4,000 for the moral damage and with EUR 3,000 for costs and expenses.