| Applicant name | SİL AND OTHERS |
| Applicant type | Prisoner |
| Number of applicants | 3 |
| Country | Turkey |
| Application no. | 8130/19 29211/20 22556/21 |
| Date | 06/02/2024 |
| Judges | Pauliine Koskelo , president , Lorraine Schembri Orlando, Davor Derenčinović , |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | Violation |
| Reason | Mini judgement |
| Type of privacy | Informational privacy |
| Keywords | Monitoring correcpondence |
| Facts of the case | The applicants allege that the recording of their correspondence infringes Article 8 of the Convention. |
| Analysis | The Court recalls that it has already found a violation of Article 8 of the Convention on the ground that the recording of prisoners’ correspondence could not be regarded as having been ” prescribed by law ” within the meaning of that provision. Having examined all the evidence before it, the Court sees no reason to reach a different conclusion in the present case. Finally, as regards the Government’s argument based on the notice of derogation notified under Article 15 of the Convention, the Court considers that the impugned measure, which was not “ prescribed by law ”, is not justified in the light of the special circumstances of the state of emergency. |
| 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 applicant Hüseyin Durmuş ; |
| Documents | Judgment |