The applicant, Yustyna Tonyuk, is a Ukrainian national who was born in 1941 and lives in the Ivano-Frankivsk Region of Ukraine. She complains about the existence and use of a cemetery, which was created ten metres from her home. Ms Tonyuk obtained two judgments from national courts, which banned the use of the cemetery for future burials, on the grounds that its proximity to Ms Tonyuk’s home was in breach of the applicable sanitary standards.
Relying on Article 6 § 1 (right to a fair hearing) and Article 13 (right to an effective remedy), Ms Tonyuk complains that burials in the cemetery continued despite of the judgments in her favour, claiming that the court orders were never properly enforced. Ms Tonyuk also complains that the use of the land for burials violated her rights under Article 8 (right to respect for private and family life, and the home): in particular, because of the risk that her well water would be poisoned, and because living in the immediate proximity of a functioning cemetery caused her serious psychological discomfort.
Press release ECHR 159 (2017) 24/05/2017