Applicant name | HALLAÇOĞLU |
Applicant type | natural person |
Number of applicants | 1 |
Country | Turkey |
Application no. | 24514/19 |
Date | 03/09/2024 |
Judges | Jovan Ilievski, President, Diana Sârcu, Gediminas Sagatys |
Institution | Court |
Type | Judgment |
Outcome Art. 8 | violation |
Reason | No legal basis |
Type of privacy | informational privacy |
Keywords | quality of law |
Facts of the case | he applicant argued that the impugned measure of monitoring the documents exchanged with his lawyer had constituted a breach of his right to respect for his private life under Article 8 of the Convention. |
Analysis | The Court has already concluded that the interpretation and application by the domestic courts of the impugned legislation was 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. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to depart from its approach in Mehmet Demir . Moreover, for the reasons set out in more detail in that judgment in support of that conclusion, it considers that the measure at issue cannot be regarded as having been strictly required by the particular circumstances of the state of emergency. |
Other Article violation? | – |
Damage awarded | that the respondent State is to pay the applicant, within three months, EUR 2,600 (two thousand six hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into the currency of the respondent State at the rate applicable at the date of settlement; |
Documents | Judgment |