| Applicant name | KOTOV |
| Applicant type | natural person |
| Number of applicants | 1 |
| Country | Russia |
| Application no. | 49282/19 50346/19 |
| Date | 26/11/2024 |
| Judges | olien Schukking, President, Georgios A. Serghides, Darian Pavli, Peeter Roosma, Ioannis Ktistakis, Andreas Zünd, Diana Kovatcheva |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | violation |
| Reason | quality of law |
| Type of privacy | locational privacy |
| Keywords | Search appartment |
| Facts of the case | The case concerns the applicant’s administrative and criminal convictions for participation in, and for calls to participate in, several unauthorised public events. It raises various issues regarding, in particular, his prosecution, his detention, the search of his apartment, respect for his property and the fairness of the judicial proceedings. |
| Analysis | 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 the police’s discretion), no relevant or sufficient reasons to justify the search: no evidence supporting the search authorisation, no relevant or sufficient reasons to justify the search: minor severity of the offence, particular circumstances: manner of the search (at night) |
| Other Article violation? | 5, 6, 10, 11 and P1-1 |
| Damage awarded | (a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement: (i) EUR 9,750 (nine thousand seven hundred and fifty euros), plus any tax that may be chargeable, in respect of non-pecuniary damage; (ii) EUR 18,500 (eighteen thousand five hundred euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses; (b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points; |
| Documents | Judgment |