COBALT secures a major win at the European Court of Human Rights in a case regarding arbitrary eviction from a home

COBALT has successfully represented a client before the European Court of Human Rights (Court) in a case regarding arbitrary eviction pending legal dispute over an apartment.

On 8 September 2022 the Court delivered a judgment in the case of Jansons v. Latvia (application no. 1434/14) holding that there had been a violation of Article 8 (right to respect for the home) and Article 13 (right to an effective remedy) of the European Convention on Human Rights.

The matter concerned the applicant’s complaint that he had been forced out of an apartment he had been living in in a residential building in Riga when, following the sale of the building, his right to reside there had come into dispute. The new owner had placed armed security guards at the entrance to his apartment, blocking his access. Subsequently, a court bailiff had forced entry, changed the locks and removed the applicant’s belongings.

As summarized in the official Press Release, issued by the Registrar of the Court, the Court found in particular that the legal system in Latvia had not effectively protected the applicant from an arbitrary interference with his rights, owing to non-enforcement of the safeguards set out in law. The applicant’s eviction had been carried out without the Latvian courts ever having assessed the arguments of the tenancy dispute and, despite repeated pleas to the police, they had refused to intervene.

Representation of the applicant before the Court was ensured by COBALT team, led by Managing Partner Lauris Liepa and including Senior Associate Dr. Toms Krūmiņš.