Published on 4 October 2021
THIRD SECTION
Application no. 17432/21
Tatyana Igorevna ISRAPILOVA and Amina Shamilevna ISRAPILOVA
against Russia
lodged on 30 March 2021
communicated on 16 September 2021
SUBJECT MATTER OF THE CASE
The application concerns the failure of the domestic authorities to assist the applicants, mother and daughter, in being reunited by failing to enforce the judgments granting the first applicant a residence order in respect of the second applicant and obliging the second applicant’s father to hand her over to the first applicant.
QUESTIONS TO THE PARTIES
1. Has there been a violation of the applicants’ right to respect for their family life, contrary to Article 8 of the Convention?
2. More specifically, has there been a failure by the State to comply with its positive obligation to secure the applicants’ right to respect for their family life as guaranteed by Article 8 of the Convention? In particular:
(a) Were the judgment of the Kogalym Town Court of the Khanty‑Mansy Autonomous Region of 19 December 2012 granting the first applicant a residence order in respect of the second applicant and the judgment of the Leninskiy District Court of Makhachkala of 19 July 2017 obliging the second applicant’s father to hand the second applicant over to the first applicant enforced in due time?
(b) Did the domestic authorities take, without undue delay, all the measures that they could reasonably have been expected to take to enforce the above judgments? Reference is made to the findings made by the Supreme Court of the Republic of Dagestan in its judgment of 5 March 2020.
(c) Was there a regulatory framework securing the effective and prompt enforcement of the above judgments? Reference is made to the specific aspects of enforcement proceedings raised by the applicants in the complaint.
3. Did the applicants have at their disposal an effective domestic remedy for their complaint under Article 8, as required by Article 13 of the Convention?
APPENDIX
No.
Applicant’s Name
Year of birth
Nationality
Place of residence
1.
Tatyana Igorevna ISRAPILOVA
1971
Russian
Moscow
2.
Amina Shamilevna ISRAPILOVA
2011
Russian
Makhachkala, the Republic of Dagestan
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