Judgment 55569/19

Applicant name MEHMET DEMİR
Applicant type Natural person (prisoner)
Number of applicants 1
Application no. 55569/19
Date 24/10/2023
Judges Jovan Ilievski, President,
 Lorraine Schembri Orland,
 Diana Sârcu
Institution Court
Type Judgment
Outcome Art. 8 Violation
Reason Quality of law
Type of privacy Informational privacy
KeywordsMonitoring communication prisoner-lawyer
Facts of the case The applicant alleged that the monitoring of documents exchanged between him and his lawyer during their meetings in prison had constituted a violation of his right to respect for his correspondence with his lawyer under Article 8 of the Convention.
AnalysisThe Court reiterates that the right to confidential communication with a lawyer his of the utmost importance. The monitoring of the applicant’s communication affectes his right to privacy life and correspondence. The Court subsequently emphasises the quality of law doctrine it has developed. As to that point, the Court observes that, in ordering the impugned measure, the domestic courts did not point to any particular element indicating the specific dangers presented by the documents exchanged between the applicant and his lawyer as regards the security of the penal institution or suggesting any risk of communication with terrorist organisations by such means.  The Court concludes that the interpretation and application by the domestic courts in the present case must be considered wide and vague and that such an extensive interpretation and application of the relevant domestic provision did not comply with the Convention requirements of foreseeability and thus lawfulness.
Other Article violation? No
Damage awardedThe applicant did not submit a claim for just satisfaction within the prescribed time-limit. Accordingly, the Court considers that there is no call to award him any sum on that account.
Documents Judgment