Applicant name | TREVOGIN AND OTHERS |
Applicant type | natural person |
Number of applicants | 11 |
Country | Russia |
Application no. | 61147/13 16492/18 48812/19 13490/20 50256/21 1292/22 3168/22 7742/22 8106/22 15963/22 38745/22 |
Date | 11/01/2024 |
Judges | María Elósegui, President, Mattias Guyomar, Kateřina Šimáčková |
Institution | Court |
Type | Judgment |
Outcome Art. 8 | Violation |
Reason | Not necessary (prevention crime and disorder) |
Type of privacy | Informational privacy; locational privacy |
Keywords | Criminal proceedings |
Facts of the case | The applicants complained principally of the secret surveillance in the context of criminal proceedings. They relied, expressly or in substance, on Article 8 of the Convention. Art. 8 (1) – unlawful search – Search of the applicant’s home; Date of the search authorisation and issuing authority: 31/05/2022, Pskov District Court of the Pskov Region; Date of search: 27/05/2022; Means of exhaustion: The applicant appealed against the court authorisation of the Pskov District Court of Pskov Region of 31/05/2022 and the decision was upheld by the Pskov Regional Court on appeal on 13/07/2022. Specific defects: no relevant or sufficient reasons to justify the search: no evidence supporting the search authorisation, no relevant or sufficient reasons to justify the search: no reasons given why any relevant objects or documents might be found during the search, particular circumstances: manner of the search, no adequate and sufficient safeguards against abuse: broad terms/wide content and scope of the search warrant (objects and documents not specific enough to restrict police’s discretion), no adequate and sufficient safeguards against abuse: lawyer not allowed to assist the applicant during the search, no adequate and sufficient safeguards against abuse: no judicial review of the search/search authorisation |
Analysis | Mini-judgement |
Other Article violation? | Yes, many |
Damage awarded | 92.250 |
Documents | Judgment |