Applicant name | KURT AND OTHERS |
Applicant type | Prisoner |
Number of applicants | 10 |
Country | Turkey |
Application no. | 29715/19 60583/19 13438/20 14814/20 15379/20 27416/20 41244/20 52862/20 53143/20 28157/21 |
Date | 24/09/2024 |
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 | monitoring |
Facts of the case | he present applications concern the electronic recording and storage of the applicants’ correspondence on the computer system of the National Judicial Network (UYAP) by the applicants’ respective prison administrations during their detention. |
Analysis | the Court notes that it examined a similar complaint in the leading case of Nuh Uzun and Others (ibid., §§ 79‑99) and found a violation of Article 8 of the Convention, as the impugned interference with the applicants’ right to respect for their private lives and their correspondence by the recording and storage on the UYAP system of correspondence sent and received by them could not be regarded as having been “in accordance with the law” within the meaning of Article 8 § 2 of the Convention. |
Other Article violation? | – |
Damage awarded | Holds that the finding of a violation constitutes in itself sufficient just satisfaction for any non-pecuniary damage sustained by the applicants; Holds (a) that the respondent State is to pay the applicants in applications nos. 13438/20, 15379/20, 41244/20 and 52862/20, within three months, EUR 500 (five hundred euros), plus any tax that may be chargeable to the applicants, in respect of costs and expenses, to be converted into the currency of the respondent State at the rate applicable at the date of settlement; |
Documents | Judgment |