Judgment 33085/12

Applicant name GAYIBOVA
Applicant type natural person
Number of applicants 1
Application no. 33085/12
Date 23/03/2023
Judges Krzysztof Wojtyczek, President,
 Lətif Hüseynov,
 Erik Wennerström
Institution Court
Type Judgment
Outcome Art. 8 Violation
Reason Not necessary (prevention disorder and crime)
Type of privacy Private life
Keywords No relevant and sufficient reasons
Facts of the caseCriminal investigation
Analysis Reference to Tortladze v. Georgia.  In the present case the investigator’s decision merely referred to a criminal investigation in respect of O.K. and the need to find forged documents and cash. While those reasons might be relevant, they did not contain any balancing of the competing interests and thus cannot be considered sufficient. Moreover, the search warrant likewise did not provide any reasons for the recourse to the urgent procedure. The subsequent judicial review of the search order did not rectify the above-mentioned deficiencies.
Other Article violation? Yes, Article P1-1
Damage awarded hat the respondent State is to pay the applicant, within three months, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement:
(i) EUR 6,000 (six thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
(ii) EUR 1,500 (one thousand five hundred euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;
Documents Judgment