The case originated in applications against Russia lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d). The applicants complained of the secret surveillance in the context of criminal proceedings.<\/p>\n
THIRD SECTION This judgment is final but it may be subject to editorial revision.<\/p>\n In the case of Petlin and Yakupov v. Russia,<\/strong><\/p>\n The European Court of Human Rights (Third Section), sitting as a Committee composed of:<\/p>\n Darian Pavli, President, Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1. The case originated in applications against Russia lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on the various dates indicated in the appended table<\/p>\n 2. The Russian Government (\u201cthe Government\u201d) were given notice of the applications.<\/p>\n THE FACTS<\/strong><\/p>\n 3. The list of applicants and the relevant details of the applications are set out in the appended table.<\/p>\n 4. The applicants complained of the secret surveillance in the context of criminal proceedings.<\/p>\n THE LAW<\/strong><\/p>\n I. JOINDER OF THE APPLICATIONS<\/strong><\/p>\n 5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.<\/p>\n II. ALLEGED VIOLATION OF ARTICLE 8 \u00a7 1of the Convention<\/strong><\/p>\n 6. The applicants complainedof the secret surveillance in the context of criminal proceedings.They relied, expressly or in substance, on Article 8 \u00a7 1 of the Convention, which reads as follows:<\/p>\n Article 8 \u00a7 1<\/p>\n \u201c1. Everyone has the right to respect for his private… life…<\/p>\n 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.\u201d<\/p>\n 7. The Court reiterates that the measures aimed at interception of telephone communications amounted to an interference with the exercise of the rights set out in Article 8 of the Convention and that such interference will give rise to a breach of Article 8 of the Convention unless it can be shown that it was \u201cin accordance with law\u201d, pursued one or more legitimate aim or aims as defined in the second paragraph and was \u201cnecessary in a democratic society\u201d to achieve those aims (see, among other authorities, Goranova\u2011Karaeneva v. Bulgaria, no. 12739\/05, \u00a7 45, 8 March 2011). It further reiterates that it is the obligation of the domestic courts to carry out an effective judicial review of the lawfulness and \u201cnecessity in a democratic society\u201d of the contested surveillance measures and to furnish sufficient safeguards against arbitrariness within the meaning of Article 8 \u00a7 2 of the Convention (see Zubkov and Others v. Russia, nos. 29431\/05 and 2 others, \u00a7\u00a0131, 7 November 2017). The failure to comply with this requirement has led the Court to conclude to a violation of Article 8 of the Convention (see, for example, Dudchenko v. Russia, no. 37717\/05, \u00a7\u00a7 93-100, 7 November 2017, in which it was established that the domestic courts failed to verify, when authorising covert surveillance in respect of the applicant, whether there was a \u201creasonable suspicion\u201d against him and to apply the \u201cnecessity in a democratic society\u201d and \u201cproportionality\u201d tests).<\/p>\n 8. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case (as set out in the appended table) the courts did not verify the existence of a \u201creasonable suspicion\u201d and did not apply the \u201cnecessity in a democratic society test\u201d when examining the applicants\u2019 complaints.<\/p>\n 9. These complaints are therefore admissible and disclose a breach of Article\u00a08 \u00a7 1 of the Convention.<\/p>\n III. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW<\/strong><\/p>\n 10. Mr Petlin (application no. 14829\/12) submitted a complaint under Article 13 of the Convention, given the relevant well-established case-law of the Court. This complaint is not manifestly ill-founded within the meaning of Article 35 \u00a7 3 (a) of the Convention, nor is it inadmissible on any other ground. Accordingly, it must be declared admissible. Having examined all the material before it, the Court concludes that the complaint also discloses a violation of the Convention in the light of its well-established case-law (see, among other authorities, Konstantin Moskalev v. Russia, no.\u00a059589\/10, 7\u00a0November 2017, concerning the lack of an effective remedy in respect of the complaints about covert surveillance).<\/p>\n IV. OTHER COMPLAINTS<\/strong><\/p>\n 11. Mr Yakupov (application no. 20420\/12) also complained under Article 8 of the Convention about the searches on his premises. Having regard to the facts of the case, the submissions of the parties, and its findings above (see paragraphs 7 and 8 above), the Court considers that it has examined the main legal question raised in the present application. It thus considers that this complaint is admissible but that there is no need to give a separate ruling on its merits (see Centre for Legal Resources on behalf of Valentin C\u00e2mpeanu v.\u00a0Romania [GC], no.47848\/08, \u00a7 156, ECHR 2014).<\/p>\n V. APPLICATION OF ARTICLE\u00a041 OF THE CONVENTION<\/strong><\/p>\n 12. Article 41 of the Convention provides:<\/p>\n \u201cIf the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.\u201d<\/p>\n 13. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Zubkov and Others, cited above, Dudchenko, cited above, and Konstantin Moskalev, cited above), the Court considers it reasonable to award the sums indicated in the appended table and rejects the remainder of the applicants\u2019 claims for just satisfaction.<\/p>\n 14. The Court further considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1. Decides to join the applications;<\/p>\n 2. Declares the applications admissible;<\/p>\n 3. Holds that these applications disclose a breach of Article 8 \u00a7 1 of the Convention concerning the secret surveillance in the context of the criminal proceedings;<\/p>\n 4. Holds that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court in application no. 14829\/12 (see appended table);<\/p>\n 5. Holds that there is no need to examine the merits of the remaining complaint under Article 8 of the Convention brought by Mr Yakupov (application no. 20420\/12);<\/p>\n 6. Holds<\/p>\n (a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;<\/p>\n (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;<\/p>\n 7. Dismissesthe remainder of the applicants\u2019 claims for just satisfaction.<\/p>\n Done in English, and notified in writing on 27 October 2022, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and\u00a03 of the Rules of Court.<\/p>\n Viktoriya Maradudina \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Darian Pavli ____________<\/p>\n APPENDIX<\/strong>
\nCASE OF PETLIN AND YAKUPOV v. RUSSIA<\/strong>
\n(Applications nos. 14829\/12 and 20420\/12 \u2013 see appended list)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n27 October 2022<\/p>\n
\nAndreas Z\u00fcnd,
\nFr\u00e9d\u00e9ric Krenc, judges,
\nand Viktoriya Maradudina, ActingDeputy Section Registrar,
\nHaving deliberated in private on 6 October 2022,<\/p>\n
\nActing Deputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0President<\/p>\n
\nList of applications raising complaints under Article 8 \u00a7 1 of the Convention
\n(secret surveillance in the context of criminal proceedings)<\/p>\n