| Applicant name | MAFALANI |
| Applicant type | Prisoner |
| Number of applicants | 1 |
| Country | Croatia |
| Application no. | 3646/17 |
| Date | 21/05/2024 |
| Judges | auliine Koskelo, President, Lorraine Schembri Orland, Davor Derenčinović |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | Violation |
| Reason | Not provided for by law |
| Type of privacy | Informational privacy |
| Keywords | Professional secrecy |
| Facts of the case | Letter lawyer checked |
| Analysis | The Court notes that, under Article 69 of the Criminal Procedure Code, correspondence between an accused and his lawyer is not to be monitored, unless otherwise decided by a judge and only in relation to certain criminal offences. It further observes that by a letter of 13 June 2012, the Zagreb County Court informed the applicant’s lawyer that no court decision had been adopted to monitor the applicant’s correspondence with his lawyers and that, in any event, such a decision would not be allowed under domestic law. Since by opening the above letter, the authorities acted against the said explicit legal prohibition, their interference with the applicant’s right to respect for his correspondence was not “in accordance with the law” and was therefore in breach of Article 8 of the Convention. Consequently, it is not necessary to examine whether the other requirements of that provision were complied with. |
| Other Article violation? | – |
| Damage awarded | (a) that the respondent State is to pay the applicant, within three months, the following amounts: (i) EUR 2,000 (two thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage; (ii) EUR 2,850 (two thousand eight hundred and fifty euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses; |
| Documents | Judgment |