Applicant name K.H.W.
Applicant type Natural Person (Prisoner)
Country Germany
Decision no. 3448/67
Date 17/05/1969
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