Deals:

European Court of Human Rights has delivered judgement in case Schmidt v. Latvia

09 May 2017

Gvido Zemribo , Attorney at Law, Of Counsel |

On June 10, 2005 an application was lodged to the European Court of Human Rights regarding violation of Article 6 § 1 of the European Convention on Human Rights. The adjudication process of the case took several years and on April 27, 2017 the European Court of Human Rights declared that the right of fair trial of Heide Lydia Friedel Schmidt had been violated.

The European Court of Human Rights emphasized that the important task of informing the respondents of the proceedings brought against them cannot be left at discretion of the plaintiff. In addition, the veracity of information regarding place of residence of a respondent submitted to the court by a plaintiff must be tested by the court. The husband of Heide Lydia Friedel Schmidt brought divorce proceedings of marriage and informed that he does now place of residence of Heide Lydia Friedel Schmidt. The Latvian court did not verify the circumstances that indicated that the husband knew the place of residence of Heide Lydia Friedel Schmidt and that her place of residence could have been identified. In result, Heide Lydia Friedel Schmidt was not properly informed about the court proceedings in Latvia and did not know that these proceedings took place. Considering the above mentioned, the European Court of Human Rights concluded that the divorce proceedings had been incompatible with the requirements of fair trial and thus there has been a violation of Article 6 § 1 of the European Convention on Human Rights.

The judgment can be accessed at ECHR webpage