| Applicant name |
K.H.W.
|
| Applicant type |
Natural Person (Prisoner)
|
| Country |
Germany
|
| Decision no. |
3448/67
|
| Date |
17/05/1969
|
| Judges |
–
|
| Institution |
Commission (Plenary)
|
| Type |
Decision
|
| Outcome Art. 8 |
Inadmissible
|
| Reason |
Manifestly ill-founded; prevention disorder and crime
|
| Type of privacy |
Private life; locational privacy
|
| Keywords |
Prisoner; search of his cell
|
| Facts of the case |
Prisoner’s cell is checked in his absence.
|
| Analysis |
The Commission stresses that searching of a prisoner’s cell is legitimate, as it is necessary in a democratic society in light of the prevention of disorder and crime. What is interesting still is that although the Commission and the Court have sometimes been hesitant to allow prisoners to invoke their rights under the Convention, stressing that a restriction of liberty is the essence of a prison sentence, the Commission still accepts that a prisoner’s cell is like his ‘home’, a searching of which is an interference with his right to privacy.
|
| Documents |
Decision
|