| Applicant name | Denmark, Sweden, Norway & the Netherlands |
| Applicant type | State |
| Country | Greece |
| Decision no. | 3321/67 3322/67 3323/67 3344/67 |
| Date | 05/11/1969 |
| Judges | A. SusTERHENN M. S0RENSEN C. TH. EUSTATHIADES J. E. S. FAWCETT F. ERMACORA F. CASTBERG G. SPERDUTI M. A. TRIANTAFYLLIDES F. WELTER T. BALTA W. F. DE GAAY FORTMAN P. P. O’DONOGHUE P. O. DELAHAYE T. B. LINDAL E. BUSUTTIL |
| Institution | Commission |
| Type | Report |
| Outcome Art. 8 | Violation |
| Reason | Illegitimate interference; no state of emergency |
| Type of privacy | Locational privacy |
| Keywords | Revolutionary government invokes state of emergency to quell reistance |
| Facts of the case | See earlier Decision |
| Analysis | The Commission considers that the suspension from 21st April, 1967, until 9th April, 1969, of the right to respect for one’s home and the consequent disregard of this right, in particular by the practice of the police authorities of carrying out arrests at night is an interference with this right which, in the absence of a “public emergency threatening the life of the nation” in the sense of Article 15 of the Convention, cannot be regarded as “necessary in a democratic society” for any of the purposes set out in paragraph (2) of Article 8. Judge DELAHAYE stresses that the searches and arrests at night were authorised and carried out by virtue of the state of martial law and feels that in order to form an opinion whether these steps were limited to what was strictly required by the situation, it would be necessary to know whether these searches and arrests at night took place only in the first days of the coup d’état or also after that date. In addition, he underlines that it should be observed that this exceptional measure has been discontinued, since the new 1968 Constitution provides that the privacy of a person’s residence shall be respected, but this new constitutional provision did not come into force until 9th April, 1969. |
| Documents | Report |