| Applicant name | BELOMESTNOV AND OTHERS |
| Applicant type | natural person |
| Number of applicants | 32 |
| Country | Russia |
| Application no. | 50374/21 32325/22 43965/22 44447/22 45200/22 45494/22 46001/22 47937/22 48301/22 48357/22 48359/22 48360/22 48600/22 49050/22 49973/22 50877/22 50899/22 50992/22 51408/22 51516/22 52115/22 52377/22 53829/22 54951/22 55875/22 57351/22 57553/22 57587/22 57728/22 7559/23 7565/23 8026/23 |
| Date | 18/07/2024 |
| Judges | Ioannis Ktistakis, President, Oddný Mjöll Arnardóttir, Diana Kovatcheva |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | violation |
| Reason | mini-judgment |
| Type of privacy | Locational privacy |
| Keywords | search flat |
| Facts of the case | Art. 8 (1) – unlawful search – Search of the applicant’s flat as part of the criminal investigation against unidentified perpetrators on 06/02/2021 authorised by the Pervorechenskiy District Court of Vladivostok on 05/02/2021; final decision on the matter was taken by the Primorye Regional Court on 23/03/2021; Specific defects: 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 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: applicant not a suspect. The regional department of the interior opened criminal investigation on the charges of wilful blocking of transport communications. According to the official version, unidentified persons organised, by means of Internet communications, a gathering. The participants of the gathering blocked the street and, as a result, public buses and ambulances could not follow their routes. The applicant was suspected to be one of the organisers of the gathering. The purpose of the search was to find (1) electronical devices used to document the gathering, (2) documents pertaining to the crime and (3) other objects and documents necessary to establish the circumstances of the case. |
| Analysis | – |
| Other Article violation? | 5, 6, 10 and 11 |
| Damage awarded | 5000 (1 applicant) |
| Documents | Judgment |