Judgment 35673/18

Applicant nameMASLÁK
Applicant type natural person (prisoner)
Number of applicants1
Country Slovakia
Application no. 35673/18
Date 27/04/2023
Judges Péter Paczolay, President,
 Alena Poláčková,
 Gilberto Felici
Institution Court
Type Judgment
Outcome Art. 8 Violation
Reason No necessary (“the protection of the rights … of others” and “the prevention of … crime”)
Type of privacy Informational privacy
Keywords Surveillance; even if
Facts of the case Correspondence read; letter conficated
AnalysisThe authorities stress that the applicant made a “defamatory” remark (“some silly guys full of complexes”), which is why they needed to conficate the letter. The Court finds this disproportionate.
Other Article violation? No violation 6 and 13 ECHR
Damage awarded (a) that 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 2,600 (two thousand six hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
(ii) EUR 968 (nine hundred and sixty-eight euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Documents Judgment