Judgment 78918/17

Applicant name KAZNACHEYEV AND OTHERS 
Applicant type natural person/prisoner
Number of applicants 11
Country Russia
Application no. 78918/17 45621/18 18658/19 32390/20 5326/21 42407/21 44113/21 13928/22 18289/22 20949/22 30581/22
Date 06/06/2024
Judges Lətif Hüseynov, President,
 Ivana Jelić,
 Erik Wennerström
Institution Court
Type Judgment
Outcome Art. 8 violation
Reason mini-judgment
Type of privacy Locational privacy; relational privacy
Keywords
Facts of the case Art. 8 (1) – unlawful search – Search of the residential flat; Chertanovskiy District Court of Moscow, 13/12/2019, Moscow City Court rejected the appeal complaint on 09/02/2021; 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 adequate and sufficient safeguards against abuse: no sifting procedure of the electronic data, no relevant or sufficient reasons to justify the search: no reasons given why any relevant objects or documents might be found during the search; the applicant is an individual entrepreneur who is charged under Art. 159 § 4 and 303 § 1 of the Criminal Code

Art. 8 (1) – refusal of leave to prisoner for attending funeral of close relatives – On 11/03/2019 the Nagatinskiy District Court of Moscow refused to rule as to the applicant’s request to attend his father’s funeral and adjourned the hearing (see Lind v. Russia, §§ 87-99); final decision on the matter was taken by the Moscow City Court on 10/04/2019
Analysis
Other Article violation? 5 and 10
Damage awarded 16250 (2 applicants)
Documents Judgment