Russia was condemned by the European Court of Human Rights for an affair that also affects Sardinia. In particular, Russia has refused to send back to Italy a child stolen by his Belarusian mother from his father who lives in San Teodoro .
In their decision, the judges have ordered that Moscow will have to pay 12,500 euros per year to the father for moral damages and almost 2 thousand for legal costs .
It all started in February 2018: the woman with whom the man has an extramarital affair leaves Italy with the child born of their union in September 2014 and who has Italian and Belarusian nationality. Destination: Russia, with the announcement: "I will not return".
Previously, in 2016, the Nuoro court had ruled that the parents should have joint custody and that the father should pay alimony. In July 2018 the man's battle begins in front of the Dzerzhinskiy district court in St. Petersburg to get his son back to Italy. Meanwhile, the mother moves with the child to Belarus, the district court accepts the man's request and orders the return of the child to his usual residence in Italy. But the mom and the DA appeal and win.
In today's ruling, the judges of the European Court of Human Rights criticize the reasons why the Russian justice has decided not to return the child to Italy based on an erroneous interpretation of the 1980 Hague Convention, which contains the rules that a state must follow in the event of international abduction of a minor who has his habitual residence in another country. This interpretation and the failure to evaluate some fundamental elements, says the ECHR, violated the father's right to family life.
(Unioneonline / ss)