Essence of the decision:
The European Court of Human Rights ruled in favor of Mr. Tokar, a Ukrainian citizen who was denied an international passport due to allegedly inaccurate data in the police database about criminal proceedings against him from 1997. The Court found violations of Article 2 of Protocol No. 4 (freedom of movement) and Article 13 (right to effective remedy) of the Convention, as the Ukrainian authorities failed to provide proper judicial review and procedural guarantees against arbitrary restrictions of movement.
Structure and main provisions:
1. The case concerned the refusal to issue a travel document based on outdated and unverified information about criminal proceedings from 1997, where authorities could not provide evidence of ongoing proceedings or valid restrictions.
2. The Court emphasized that it is the State’s responsibility to maintain accurate registers and ensure proper information flow between authorities, rather than making citizens bear consequences of system malfunctions.
3. The Court found that the automatic nature of the passport refusal and lack of proper judicial review violated the applicant’s rights.
4. The decision awarded EUR 2,000 in non-pecuniary damages to the applicant.
Key important provisions:
1. The Court established that automatic travel bans without proper verification of grounds are contrary to Convention obligations.
2. States must ensure proper functioning of their legal systems, including maintenance of accurate registers and smooth transfer of information between authorities.
3. Judicial review must examine both legality and proportionality of movement restrictions, not just formal compliance with law.
4. The burden of proof regarding ongoing criminal proceedings and travel restrictions lies with the state authorities, not the individual.
