Judgment 49922/16

Applicant name PEJKIĆ
Applicant type natural person
Number of applicants 1
Application no. 49922/16
Date 17/01/2023
Judges Pauliine Koskelo, President,
 Lorraine Schembri Orland,
 Davor Derenčinović
Institution Court
Type Judgment
Outcome Art. 8 Violation
Reason Unlawfull
Type of privacy Informational privacy
Keywords Surveillance
Facts of the case Surveillance
Analysis The Court observes that those orders were essentially based on a statement referring to the relevant prosecutor’s request for the use of secret surveillance. No actual details were provided as to the specific facts of the case or to any particular circumstances indicating grounds to believe that the applicant or V.M. (see paragraph 22 above) had committed the offences listed under the law (compare Dragojević, cited above, § 95). There has therefore been a violation of Article 8 of the Convention on that account.
Other Article violation? Yes, 6 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 1,500 (one thousand five hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
(ii) EUR 3,450 (three thousand four hundred and fifty 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