Judgment 61147/13

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