The applicant, Yustyna Tonyuk, is a Ukrainian national who was born in 1941 and lives in the Ivano-Frankivsk Region of Ukraine. She complained about the existence and use of a cemetery, which had been 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 in particular on Article 6 § 1 (right to a fair hearing), Ms Tonyuk complained that burials in the cemetery continued despite of the judgments in her favour, claiming that the court orders had never been properly enforced.
- Violation of Article 6 § 1 – on account of the non-enforcement of the judgments of 16 January 2003 and 18 March 2004 in Ms Tonyuk’s favour
- Just satisfaction: € 6,000 (non-pecuniary damage)
Press release ECHR 174 (2017) 01/06/2017