| Applicant name | YESICHKO AND OTHERS |
| Applicant type | natural person |
| Number of applicants | 3 |
| Country | Ukraine |
| Application no. | 35659/13 |
| Date | 08/02/2024 |
| Judges | Lado Chanturia, President, Stéphanie Mourou-Vikström, Mykola Gnatovskyy |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | Violation |
| Reason | Not necessary (rights of others) |
| Type of privacy | Locational privacy; Procedural privacy |
| Keywords | Eviction; even if; |
| Facts of the case | The applicants complained that their eviction had been neither lawful nor necessary. |
| Analysis | The Court finds that the court order for the applicants’ eviction from publicly owned housing amounted to an interference with their right to respect for their home. The Court is prepared to accept that the disputed interference might have been in pursuit of a legitimate aim and that it had some basis in domestic law. The court did not address the applicants’ arguments concerning the precarity of their situation or the particularity of the circumstances. It also did not indicate, in any manner, that it sought to weigh up the desire of the plaintiff – a public entity – to have the disputed room vacated for the benefit of unspecified third parties against the applicants’ submissions that retaining occupancy was an issue of vital importance for them. In those circumstances, the Court cannot find that the domestic authorities provided “sufficient reasons” to demonstrate a “pressing social need” for the disputed eviction order or that they justified its “proportionality” within the meaning of Article 8 of the Convention. |
| Other Article violation? | – |
| Damage awarded | that the respondent State is to pay the applicants, jointly, within three months, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement: (i) EUR 4,500 (four thousand five hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage; (ii) EUR 2,000 (two thousand euros), plus any tax that may be chargeable to the applicants, in respect of legal fees; |
| Documents | Judgment |