Jugendamtsterror und Familienrechtsverbrechen

Gast · Erstellt: 20.07.07, 22:05 Betreff: Jugendamt Ratingen: Fall Nanning vor dem EGMR

EUROPEAN COURT OF HUMAN RIGHTS

507

12.7.2007

Press release issued by the Registrar

Chamber judgments concerning

Bulgaria, Croatia, Germany, Romania, Russia and Ukraine

Violation of Article 6 § 1 (length)

Nanning v. Germany (no. 39741/02) Violation of Article 8

The applicant, Sabine Nanning, is a German national who was born in 1961 and lives in Düsseldorf (Germany).

In 1987 Mrs Nanning decided to join a married couple and their four children in order to live together with them and her own daughter E, aged four, as one family. When the relationship between the adults deteriorated in 1991, E remained with the other couple, who prevented contacts between Mrs Nanning and her daughter. From 1991 onwards she unsuccessfully attempted to have her daughter returned.

She relied, in particular, on Article 6 § 1 (right to a fair hearing within a reasonable time) and Article 8 (right to respect for private and family life).

Noting that the proceedings were pending for four years before Düsseldorf Regional Court, the Court held unanimously that there had been a violation of Article 6 § 1. It also considered that the domestic courts adduced relevant reasons for rejecting the applicant’s request to return E, and therefore held that there had been no violation of Article 8 as regards the continued placement in the foster family and partial transferral of custody rights. The Court further noted that the reasons which Düsseldorf Regional Court relied on to exclude the applicant’s access to her child were insufficient to justify such interference in the applicant’s family life. Therefore it held that there had been a violation of article 8 as regards the exclusion of access rights. Mrs Nanning was awarded EUR 8,000 in respect of non-pecuniary damage and EUR 397.35 for costs and expenses. (The judgment is available only in English.)