Communicated on 11 October 2018
FIRST SECTION
Application no. 3368/18
Valbone OLURI
against the former Yugoslav Republic of Macedonia
lodged on 9 January 2018
SUBJECT MATTER OF THE CASE
The case concerns non-enforcement of a final and executive order of 27 July 2015 by which the Welfare Centre awarded custody to the applicant in respect of her daughter born in December 2014 (custody order). Since March 2015 the applicant has not seen her daughter. The latter lives with the father notwithstanding the applicant’s unsuccessful requests for administrative enforcement of the custody order and the father’s criminal conviction (pursuant to the applicant’s criminal complaints) of child abduction and the prison sentence issued (six months’ imprisonment), which apparently has not been enforced.
QUESTIONS tO THE PARTIES
1. Has there been a violation of the applicant’s right to respect for her family life, contrary to Article 8 of the Convention, having regard to the failure of the authorities of the respondent State to enforce the final order of the Welfare Centre granting the applicant custody to her minor daughter (see Ignaccolo-Zenide v. Romania, no. 31679/96, ECHR 2000‑I; Šobota‑Gajić v. Bosnia and Herzegovina, no. 27966/06, 6 November 2007; and Mitovi v. the former Yugoslav Republic of Macedonia, no. 53565/13, 16 April 2015)?
2. Did the applicant have at her disposal an effective domestic remedy for her complaints under Article 8, as required by Article 13 of the Convention (see Mitovi v. the former Yugoslav Republic of Macedonia, no. 53565/13, §§ 71-76, 16 April 2015)?
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