issued by the Registrar of the Court
ECHR 081 (2025)
27.03.2025
Judgments and decisions of 27 March 2025
The European Court of Human Rights has today notified in writing six judgments1 and nine decisions2:
three Chamber judgments are summarised below;
a separate press release has been issued for a Chamber judgment in the case of Laterza and D’Errico
v. Italy (application no. 30336/22);
two Committee judgments, concerning issues which have already been examined by the Court, and
the nine decisions, can be consulted on Hudoc and do not appear in this press release.
The judgment in French below is indicated with an asterisk (*).
Niort v. Italy (application no. 4217/23)*
The applicant, Simone Niort, is an Italian national who was born in 1997 and is currently detained in
Sassari Prison. He suffers from personality disorders, including borderline and antisocial personality
disorder, for which he has received treatment from the mental health services since childhood. He is
certified as 100% disabled and receives a disability allowance. He is also a drug addict.
The case concerns the medical treatment and continued imprisonment, despite his psychiatric
disorders, of the applicant, who was convicted of serious offences and is considered to be a danger to
society.
Relying on Article 3 (prohibition of inhuman and degrading treatment) of the European Convention
on Human Rights, the applicant complains that his continued imprisonment prevents him from
receiving appropriate treatment for his psychiatric problems. Relying on Article 5 (right to liberty and
security), he complains of unlawful and unjustified imprisonment, and about the lack of compensation
in that regard. Relying on Article 6 § 1 (right to a fair trial), he complains that two orders for his transfer
to a prison with appropriate facilities for treatment of his psychiatric disorder were not executed.
Lastly, relying on Article 8 (right to private life), he complains about the absence of an educational
programme and rehabilitation pathway in the prison.
Violation of Article 3
Violation of Article 6 § 1
Violation of Article 38
Just satisfaction:
non-pecuniary damage: 9,000 euros (EUR)
costs and expenses: EUR 8,000
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Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber
judgment’s delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a panel
of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and deliver a
final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the Convention,
judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.
Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution
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Inadmissibility and strike-out decisions are final.
Bilyavska v. Ukraine (no. 84568/17)
The applicant, Mariya Vasylivna Bilyavska, is a Ukrainian national who was born in 1948 and lives in
Kyiv.
In 2004 Ms Bilyavska allowed her adult son and daughter along with their partners and minor children
to move temporarily into her house in Bucha (Ukraine). She was not permanently residing in the house
at the time and alleges that her family made it difficult for her to move back in. In particular, they
allocated her only a 9 sq. m room and restricted her movements in the house and use of the kitchen
and toilet. She was forced to retreat to another dwelling but continued to try accessing her property.
Unpaid bills accumulated in her name.
She initiated eviction proceedings against her children and their families in March 2016, but was
unsuccessful. The Ukrainian courts, relying on the Soviet-era Housing Code, held that she had failed
to prove the existence of “systematic” breach of the rules of socialist living together or that any
preventive measures had been applied and had been ineffective.
Relying on Article 8 (right to respect for private and family life) of the European Convention, and Article
1 of Protocol No. 1 (protection of property) to the Convention, Mr Bilyavska alleges that the State
failed in its obligation to ensure she could enjoy her property, and that she is unable to enjoy her
home.
Violation of Article 8
Violation of Article 1 of Protocol No. 1
Just satisfaction:
non-pecuniary damage: EUR 5,900
costs and expenses: EUR 2,600
Golovchuk v. Ukraine (nos. 16111/19 and 4737/21)
The applicant, Svitlana Volodymyrivna Golovchuk, is a Ukrainian national who was born in 1961 and
lives in Kyiv. At the time of the events in question, she was a judge at the High Administrative Court.
The case concerns the 2016 changes to the Ukrainian court system which made the Supreme Court –
rather than the three existing cassation courts – responsible for cassation review and therefore the
highest ordinary court in Ukraine. As a result of this the three cassation courts, including the High
Administrative Court, were wound down.
Having been unsuccessful in two competitions for the Supreme Court, Ms Golovchuk was prevented
from exercising her judicial functions because she did not obtain a new judicial assignment in another
court. She ultimately chose to resign from the judiciary in February 2024.
Relying on Article 8 (right to respect for private and family life) and Article 13 (right to an effective
remedy) of the Convention, Ms Golovchuk complains, in particular, that her inability to sit as a judge
violated the principle of security of tenure of judges, and that she had no remedy in that connection.
Violation of Article 6 § 1 as regards the applicant’s right of access to a court
Violation of Article 8
Just satisfaction:
non-pecuniary damage: EUR 5,000
costs and expenses: EUR 3,000
This press release is a document produced by the Registry. It does not bind the Court. Decisions,
judgments and further information about the Court can be found on https://www.echr.coe.int/home.
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The European Court of Human Rights was set up in Strasbourg by the Council of Europe member
States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.
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