SLIVENKO v. LATVIA View

Notes

Date	09/10/2003
AppNr	48321/99
Body	Court (Grand Chamber)
Type	Judgment (Merits and Just Satisfaction)
Articles	14+8; 30; 36-1; 41; 5-1; 5-1-f; 5-4; 8
Violated / NonViolated	85-1
Citations	355-15-1-c5-1-f5-35-45-56-178911131438-1-aP1-3P7-135-15-1-c5-1-f5-48143438-1-aP1-1P1-3

Conclusions:

No violation of Art. 5-1
Non-pecuniary damage - financial award
Not necessary to examine Art. 14+8
Not necessary to examine Art. 5-4
Violation of Art. 8

Keywords:

(art. 5-1) lawful arrest or detention
(art. 5-1) procedure prescribed by law
(art. 5-1-f) expulsion
(art. 8-1) respect for family life
(art. 8-1) respect for home
(art. 8-1) respect for private life
(art. 8-2) interference
(art. 8-2) national security
(art. 8-2) necessary in a democratic society
(art. 8-2) prescribed by law

ECHR Notes

Originating Body	Court (Grand Chamber)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Reports of Judgments and Decisions 2003-X
Language	ENGLISH;FRENCH;RUSSIAN
Application Number	48321/99
Importance Level	1
Represented by	N/A
Respondent State	Latvia
Date of Judgment	09/10/2003
Conclusion	Violation of Art. 8 ; Not necessary to examine Art. 14+8 ; No violation of Art. 5-1 ; Not necessary to examine Art. 5-4 ; Non-pecuniary damage - financial award
Articles	5-1-f ; 5-4 ; 8 ; 14+8 ; 30 ; 36-1 ; 41 ; 5-1
Separate Opinions	Yes
Law at Issue	Latvian-Russian Treaty on the Withdrawal of the Russian Troops 1994 ; Former USSR Citizens Act, Articles 1 and 2 § 2 ; Aliens Act, Articles 11 and 23 ; Act of 18 December 1996
Strasbourg Case Law	Abdulaziz, Cabales and Balkandali v. the United Kingdom, judgment of 28 May 1985, Series A no 94, p. 34, § 68 ; Amann v. Switzerland [GC], no 27798/95, § 50 and § 52, ECHR 2000-II ; Benham v. the United Kingdom, judgment of 10 June 1996, Reports 1996-III, pp. 753-754, §§ 42-47 ; Boultif v. Switzerland, no 54273/00, § 39, ECHR 2001-IX ; Chahal v. the United Kingdom, judgment of 15 November 1996, Reports 1996-V, pp. 1862-1863, §§ 112-113, and p. 1864, § 118 ; Cyprus v. Turkey [GC], no 25781/94, § 175, ECHR 2001-IV ; Dalia v. France, judgment of 19 February 1998, Reports 1998-I, pp. 88-89, §§ 42-45, and p. 91, § 52 ; Fox, Campbell and Hartley v. the United Kingdom, judgment of 30 August 1990, Series A no 182, pp. 20-21, § 45 ; Gül v. Switzerland, judgment of 19 February 1996, Reports of Judgments and Decisions 1996-I, pp. 174-175, § 38 ; Marckx v. Belgium, judgment of 13 June 1979, Series A no 31, p. 21, § 45 ; X. v. Germany, no 3110/67, decision of the Commission du 19 July 1968, Decisions and Reports 27, pp. 77-96
Keywords	"(Art. 5-1) LAWFUL ARREST OR DETENTION" "(Art. 5-1) PROCEDURE PRESCRIBED BY LAW" "(Art. 5-1-f) EXPULSION" "(Art. 8-1) RESPECT FOR FAMILY LIFE" "(Art. 8-1) RESPECT FOR HOME" "(Art. 8-1) RESPECT FOR PRIVATE LIFE" "(Art. 8-2) INTERFERENCE" "(Art. 8-2) NATIONAL SECURITY" "(Art. 8-2) NECESSARY IN A DEMOCRATIC SOCIETY" "(Art. 8-2) PRESCRIBED BY LAW"

Application Documents 1

65

SLIVENKO AND OTHERS v. LATVIA

Court (Grand Chamber) Decision

23/01/2002

References 17

	77 BOULTIF v. SWITZERLAND 8 Court (Second Section) Judgment (Merits and Just Satisfaction)	02/08/2001
	118 CYPRUS v. TURKEY 2, 5, 3, 9, 10, 2, 4, 5, 9, P1-1 Court (Grand Chamber) Judgment (Merits)	10/05/2001
	213 SCOZZARI AND GIUNTA v. ITALY 8, 8, 3, P1-2 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	13/07/2000
	82 WITOLD LITWA v. POLAND 5-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	04/04/2000
	67 AMANN v. SWITZERLAND 8 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	16/02/2000
	328 DALIA v. FRANCE 8, 3 Court (Chamber) Judgment (Merits)	19/02/1998
	92 VAN RAALTE v. THE NETHERLANDS 14, P1-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	21/02/1997
	370 CHAHAL v. THE UNITED KINGDOM 3, 5-4, 13, 5-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	15/11/1996
	42 C. v. BELGIUM 8, 14 Court (Chamber) Judgment (Merits)	07/08/1996
	184 BENHAM v. THE UNITED KINGDOM 6-3-c, 6-1, 5-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	10/06/1996
	69 GÜL v. SWITZERLAND 8 Court (Chamber) Judgment (Merits)	19/02/1996
	164 FOX, CAMPBELL AND HARTLEY v. THE UNITED KINGDOM 5-1, 5-5, 5-2 Court (Chamber) Judgment (Merits)	30/08/1990
	6 FOX, CAMPBELL and HARTLEY V. THE UNITED KINGDOM COMMISSION Decision	10/05/1988
	436 JAMES AND OTHERS v. THE UNITED KINGDOM P1-1, 14, 6-1, 13 Court (Plenary) Judgment (Merits)	21/02/1986
	264 ABDULAZIZ, CABALES AND BALKANDALI v. THE UNITED KINGDOM 8, 14, 13 Court (Plenary) Judgment (Merits and Just Satisfaction)	28/05/1985
	327 MARCKX v. BELGIUM 8, 14, P1-1 Court (Plenary) Judgment (Merits and Just Satisfaction)	13/06/1979
	4 X. v. THE FEDERAL REPUBLIC OF GERMANY Commission (Plenary) Decision	19/07/1968

Citations Breakdown

1–10 of 67

Citations 67

	A.H. KHAN v. THE UNITED KINGDOM 8 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	20/12/2011
	MALLAH v. FRANCE 8 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	10/11/2011
	AUAD v. BULGARIA 3, 13, 5-1 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	11/10/2011
	ALIM v. RUSSIA 8, 5-1-f Court (First Section) Judgment (Merits and Just Satisfaction)	27/09/2011
	LIU v. RUSSIA (NO. 2) 8 Court (First Section) Judgment (Merits and Just Satisfaction)	26/07/2011
	ANAM v. THE UNITED KINGDOM Court (Fourth Section) Decision	07/06/2011
	ABOU AMER v. ROMANIA 8 Court (Third Section) Judgment (Merits and Just Satisfaction)	24/05/2011
	SERYAVIN AND OTHERS v. UKRAINE 8 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	10/02/2011
	1 DUBETSKA AND OTHERS v. UKRAINE 8 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	10/02/2011
	1 GEZGINCI v. SWITZERLAND 8 Court (First Section) Judgment (Merits and Just Satisfaction)	09/12/2010

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