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04.12.2023

The Supreme Court published a thematic review of the practice of the ECHR under Art. 8 Conventions on the Protection of Human Rights and Fundamental Freedoms (search)

The Supreme Court brings to your attention a thematic overview of the practice of the European Court of Human Rights under Art. 8 of the Convention on the Protection of Human Rights and Fundamental Freedoms (criminal procedural aspect: search) – https://is.gd/8rjv5w .

The review presents a sample of the practice of the ECtHR under Art. 8 of the Convention on the Protection of the Right to Respect for Private and Family Life, as well as its other requirements that may be violated during a search.

We briefly reveal its content:

  • section And it concerns the general assessment of the right to respect for private and family life within the scope of the search with examples of relevant ECtHR practice regarding: general findings / requirements regarding the search; requirements for the decision to conduct a search (availability of such a decision, its content, retrospective review, etc.); procedure / method of conducting the search (presence of the person who is being searched, participation of the defense counsel of other participants in the criminal proceedings, witnesses during the search; method of entry into the dwelling; actions of law enforcement agencies during the search; investigation of improper search, etc.); application of Art. 8 Conventions in the analyzed aspect, taking into account the threat of terrorism;
  • in Sect. II provides the legal features of conducting searches of lawyers with examples of relevant ECtHR practice;
  • section III refers to the legal features of conducting searches of journalists and contains examples of relevant ECtHR practice;
  • in Sect. IV it is stated about the relationship of Art. 8 of the Convention with its other articles on conducting searches;
  • section V contains a general list of ECtHR decisions on searches.

The thematic review will be useful to everyone who is interested in the issues of human rights protection, in particular in the criminal procedural aspect.

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