Communicated on 2 October 2018
FIFTH SECTION
Applications nos. 77670/13 and 1434/14
Edijs IVĻEVS against Latvia
and Mārtiņš JANSONS against Latvia
lodged on 26 December 2013 and 4 December 2013 respectively
SUBJECT MATTER OF THE CASE
The applications concern forced removal of the applicants from their homes. In both cases the applicants lived as tenants in properties that were sold during enforcement proceedings. When ensuring that the new owners take possession of their new properties the bailiffs, in presence of police, removed the tenants’ belongings and changed the door locks. Further access to the applicants’ homes was denied by private guards. Police refused to institute (or terminated the instituted) criminal proceedings stating that it was a civil dispute. The first applicant’s complaint about the bailiff’s actions was not examined because he – as a tenant – did not have standing. In the civil proceedings the requests for interim measures were denied as not provided by law. Following a further change of the owners the applicant withdrew his claim.
The applicants complain under Article 8 about the breach of their right to respect for their home, as they were evicted by a bailiff within the enforcement proceedings against their landlords without any assessment of their rights as tenants. Invoking Article 13 they also complain that there were no mechanisms for protecting their rights.
QUESTIONS tO THE PARTIES
1. Has there been an interference with the applicants’ right to respect for their home, within the meaning of Article 8 § 1 of the Convention?
If so, was that interference in accordance with the law, did it purse a legitimate aim, and was it necessary in a democratic society, in terms of Article 8 § 2?
Were the procedural safeguards available to the applicants compatible with the requirements of Article 8?
2. 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?
Application no 77670/13
No.
Firstname LASTNAME
Birth year
Nationality
Place of residence
Representative
Edijs IVĻEVS
1977
Latvian
Marupe
A. Leičenko
Application no 1434/14
No.
Firstname LASTNAME
Birth year
Nationality
Place of residence
Representative
Mārtiņš JANSONS
1979
Latvian
Iecavas novads
Full & Egal Universal Law Academy