FRIDMAN AND OTHERS v. RUSSIA - 53989/17 (Article 8 - Right to respect for private and family life : Second Section Committee) [2024] ECHR 651 (11 July 2024)

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Cite as: [2024] ECHR 651

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SECOND SECTION

CASE OF FRIDMAN AND OTHERS v. RUSSIA

(Applications nos. 53989/17 and 19 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

11 July 2024

 

This judgment is final but it may be subject to editorial revision.


In the case of Fridman and Others v. Russia,

The European Court of Human Rights (Second Section), sitting as a Committee composed of:

 Lorraine Schembri Orland, President,
 Frédéric Krenc,
 Davor Derenčinović, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 20 June 2024,

Delivers the following judgment, which was adopted on that date:

PROCEDURE


1.  The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") on the various dates indicated in the appended table.


2.  The Russian Government ("the Government") were given notice of the applications.

THE FACTS


3.  The list of applicants and the relevant details of the applications are set out in the appended table.


4.  The applicants complained of the unlawful search. Some applicants also raised other complaints under the provisions of the Convention.

THE LAW

  1. JOINDER OF THE APPLICATIONS


5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

  1. Jurisdiction


6.  The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68-73, 17 January 2023).

  1. ALLEGED VIOLATION OF ARTICLE 8 of the Convention


7.  The applicants complained of the unlawful search. They relied, expressly or in substance, on Article 8 of the Convention.


8.  The Court reiterates that searches of the applicants' homes amount to an interference with their rights under Article 8 § 1 of the Convention. To be justified under Article 8 § 2 of the Convention an interference has to be in accordance with law, to pursue a legitimate aim and to be necessary in a democratic society.


9.  The Court has consistently held that the Contracting States may consider it necessary to resort to searches and seizures in order to obtain physical evidence of certain offences. The Court must assess whether the reasons adduced to justify such measures were "relevant" and "sufficient" and whether the proportionality principle has been adhered to. As regards the latter point, the Court must first ensure that the relevant legislation and practice afford individuals adequate and effective safeguards against abuse. Secondly, the Court must consider the particular circumstances of each case in order to determine whether, in the case in question, the interference was proportionate to the aim pursued. The criteria the Court has taken into consideration in determining the latter issue have included the severity of the offence in connection with which the search was effected, the manner and circumstances according to which the order was issued - in particular whether the warrant was based on a reasonable suspicion - and the content and scope of the warrant, having particular regard to the nature of the premises searched and the safeguards put in place to confine the impact of the measure within reasonable bounds, and the extent of possible repercussions on the reputation of the person affected by the search.


10.  The Court has previously found violations of Article 8 of the Convention in respect of searches of homes where the authorities breached the national law requirements to the search procedure (see Avaz Zeynalov v. Azerbaijan, nos. 37816/12 and 25260/14, § 81, 22 April 2021, and Kuzminas v. Russia, no. 69810/11, §§ 17-20, 21 December 2021).


11.  Furthermore, the Court has found a search to be unjustified under Article 8 of the Convention where the authorities failed to demonstrate (a) that there were reasonable grounds for suspecting that the commission of crimes imputed to applicants or third people had occurred, (b) that there was evidence capable of corroborating those suspicions and (c) that the relevant evidence could be found in that regard at the premises to be searched (see, for instance, Aliyev v. Azerbaijan, nos. 68762/14 and 71200/14, § 184, 20 September 2018; Kruglov and Others v. Russia, nos. 11264/04 and 15 others, § 127, 4 February 2020, and Kuzminas, cited above, § 25). In cases where the authorities carried out urgent searches without prior judicial review, the Court considered it crucial for the authorities to also set out pressing circumstances justifying the recourse to such an urgent procedure (see Tortladze v. Georgia, no. 42371/08, § 64, 18 March 2021, and Kuzminas, cited above, §§ 23-24).


12.  The Court also reiterates that in a number of previous Russian cases it was the vagueness and excessively broad terms of search warrants giving the authority executing them unrestricted discretion in determining the scope of the search that were considered to constitute the decisive element for the finding of a violation of Article 8 (see Misan v. Russia, no. 4261/04, § 60, 2 October 2014, Kruglov and Others, cited above, § 127, with further references).


13.  Finally, as noted above, another decisive aspect in the Court's assessment of the necessity of an interference are the procedural safeguards available to an applicant. The first and foremost among them is the guarantee of review by a judge or other independent and impartial decision-making body capable to examine the existence of relevant and sufficient reasons for the search and its compatibility with the legal requirements (see Avanesyan v. Russia, no. 41152/06, §§ 30-34, 18 September 2014, and Kruglov and Others, cited above, §§ 134-35).


14.  In its judgments concerning searches of homes in Russia (see, for instance, Smirnov v. Russia, no. 71362/01, 7 June 2007; Kolesnichenko v. Russia, no. 19856/04, 9 April 2009; Avanesyan, cited above; Misan, cited above; Yuditskaya and Others v. Russia, no. 5678/06, 12 February 2015; Kruglov and Others, cited above; and Kuzminas, cited above) the Court has found a violation of Article 8 of the Convention due to the above-mentioned defects.


15.  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 the searches were carried out without relevant and sufficient grounds and in the absence of safeguards that would confine their impact to reasonable bounds.


16.  These complaints are therefore admissible and disclose a breach of Article 8 § 1 of the Convention.

  1. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW


17.  Some applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see the appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its well-established case-law (see Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), concerning placement of defendants in a metal cage during court hearings; Idalov v. Russia [GC], no. 5826/03, §§ 103-08 and 154-58, 22 May 2012, concerning inadequate conditions of transport and "speediness" of review of lawfulness of pre-trial detention; Bykov v. Russia [GC], no. 4378/02, §§ 73-83, 10 March 2009, concerning secret surveillance conducted by the police without judicial authorisation; and Radzhab Magomedov v. Russia, no. 20933/08, §§ 80-84, 20 December 2016, concerning the refusal on the part of the domestic authorities to disclose a surveillance authorisation to the applicant).

  1. Remaining complaints


18.  Some applicants also made additional complaints under Articles 6, 10 and 13 of the Convention related to the searches or their consequences. However, having regard to the facts of the case and the findings under Article 8 of the Convention, the Court considers that it has examined the main legal questions raised by the applicants and that there is no need to give a separate ruling on these complaints (see Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], no. 47848/08, § 156, ECHR 2014).

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION


19.  Regard being had to the documents in its possession and to its case-law (see, in particular, Biryuchenko and Others v. Russia [Committee], no. 1253/04 and 2 others, § 96, 11 December 2014), the Court considers that the finding of a violation in application no. 4018/22 will constitute in itself sufficient just satisfaction (see Ivanov and Others v. Russia [Committee], nos. 44363/14 and 2 others, § 12, 4 June 2020, and Puzanov v. Russia [Committee], nos. 26895/14 and 2 other applications, § 13, 15 September 2022). It further finds reasonable to award the sums indicated in the appended table to the remaining applicants (compare, in particular, Misan, cited above, § 70).

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

  1. Decides to join the applications;
  2. Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;
  3. Declares the complaints under Article 8 § 1 of the Convention concerning the unlawful search and other complaints raised under the well-established case-law of the Court (see the appended table) admissible and decides that it is not necessary to examine separately the remaining complaints raised by the applicants;
  4. Holds that these applications disclose a breach of Article 8 § 1 of the Convention concerning the unlawful search;
  5. Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see the appended table);
  6. Holds that the finding of a violation constitutes in itself sufficient just satisfaction for the non-pecuniary damage sustained by the applicant in application no. 4018/22;
  7. Holds

(a)  that the respondent State is to pay the remaining 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;

(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.

Done in English, and notified in writing on 11 July 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina Lorraine Schembri Orland

 Acting Deputy Registrar President

 


APPENDIX

List of applications raising complaints under Article 8 § 1 of the Convention

(unlawful search)

No.

Application no.

Date of introduction

Applicant's name

Year of birth

 

Representative's name and location

Type of search

Premises

Date of the search authorisation

Name of issuing authority

Date of the search

Means of exhaustion

Specific defects

Other relevant information

Other complaints

 under the well-established case-law

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant /household

(in euros)[1]

  1.    

53989/17

17/07/2017

Boris Semenovich FRIDMAN

1951

Morev Aleksandr Nikolayevich

St Petersburg

search in the applicant's house conducted as part of the criminal proceedings against G.

09/02/2017, Smolninskiy District Court of St Petersburg

07/03/2017; on 02/05/2017 the St Petersburg City Court upheld the decision of the District Court on appeal

no relevant or sufficient reasons to justify the search: applicant not a suspect, 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)

 

 

7,500

  1.    

64813/17

21/08/2017

Nikolay Vyacheslavovich SAVELYEV

1993

Stupin Yevgeniy Viktorovich

Moscow

"Urgent" search of the applicant's flat within the framework of the criminal proceedings against the applicant on the charges of drug dealing

12/12/2016, Khoroshevskiy District Court of Moscow

11/12/2016; on 27/02/2017 the Moscow City Court upheld the decision of the District Court on appeal

no adequate and sufficient safeguards against abuse: no judicial review of the search/search authorisation

post factum judicial authorisation of the search, no justification provided as regards the urgency or necessity to carry out a search without a prior judicial authorisation (Kuzminas v. Russia, no. 69810/11, 21 December 2021)

 

7,500

  1.    

5338/20

10/12/2019

Aleksey Aleksandrovich KOLBOV

1988

Chumak Nikita Vladimirovich

Moscow

Search of a residential flat

 

 

16/04/2019 investigator

16/04/2019

judicial review of the court order of 18/04/2019 authorizing the search, appeal 10/06/2019

 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 sufficient reasons to justify the urgent search, no adequate and sufficient safeguards against abuse: no sifting procedure of the electronic data

The applicant, an investigator with FSB at the relevant time, was charged with bribery. The domestic courts reviewed the investigator's decision to conduct the search ex post facto. The final relevant decision was taken by the Moscow City Court on 03/09/2019.

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Second Western Circuit Military Court, Appeal Military Court; court hearings from 27/05/2019 to 26/02/2021,

 

 

Art. 5 (4) - excessive length of judicial review of detention - Second Western Circuit Military Court, 01/10/2020

Appeal Military Court, 29/10/2020,

 

Art. 3 - inadequate conditions of detention during transport - in vans and transit cells from 13/06/2019 to 26/02/2021,

overcrowding, mouldy or dirty cell, passive smoking, lack of or insufficient natural light

9,750

  1.    

41191/21

01/08/2021

Andrey Sergeyevich VAGANOV

1974

Yevgeniy Sergeyevich YEROFEYEV

1987

 

Olenichev Maksim Vladimirovich

St Petersburg

Residence house search

19/07/2019 Investigator, 21/09/2021 Basmannyy District Court of Moscow

19/07/2019 Search, appeal against the manner of the search under Art. 125 of the Code of Criminal Procedure. Final decision - 01/02/2021, Moscow City Court.

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: applicant not a suspect

 

 

7,500

  1.    

42357/21

22/07/2021

Sergey Aleksandrovich SEREDENKO

1989

Nakonechnyy Andrey Petrovich

Moscow

Search (inspection) of the applicant's flat

The search (inspection) was conducted by an investigator in the absence of a judicial authorisation

12/01/2021, final decision was taken by the Volgograd Regional Court on 15/06/2021

no adequate and sufficient safeguards against abuse: no judicial review of the search/search authorization

the applicant's complaint under Art. 125 of the Code of Criminal Procedure was dismissed without consideration by the courts at two levels of jurisdiction. According to the courts' reasoning, the applicant was to raise the complaint within the framework of the criminal proceedings against him

 

 

 

 

7,500

  1.    

50365/21

22/09/2021

Household

Marina Vladimirovna ZHELEZNYAKOVA

1965

 

Aleksandr Vasilyevich ZHELEZNYAKOV

1961

 

Zubarev Dmitriy Vladimirovich

Vladivostok

Search of a flat

05/02/2021

Pervorechenskiy District Court of Vladivostok

06/02/2021, 23/03/2021 Primorye Regional Court

no relevant or sufficient reasons to justify the search: applicant not a suspect, 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 reasonable suspicion as the basis for the search authorisation, no adequate and sufficient safeguards against abuse: no sifting procedure of the electronic data

 

 

 

 

 

 

 

 

7,500

  1.    

50378/21

22/09/2021

Household

Gennadiy Borisovich SHULGA

1980

 

Natalya Vladimirovna SHULGA

1981

 

Zubarev Dmitriy Vladimirovich

Vladivostok

Search of the applicants' flat as part of the criminal investigation against unidentified perpetrators

05/02/2021, Pervorechenskiy District Court of Vladivostok

06/02/2021, final decision on the matter was taken by the Primorye Regional Court on 23/03/2021

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 relevant or sufficient reasons to justify the search: applicant not a suspect, no relevant or sufficient reasons to justify the search: no evidence supporting the search authorization

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.

 

7,500

  1.    

1556/22

17/12/2021

Vladimir Viktorovich GUKOV

1974

Kiryanov Aleksandr Vladimirovich

Taganrog

search under the Operational-Search Activities Act, applicant's house

22/08/2021, Leninskiy District Court of Rostov-on-Don

23/08/2021, the court order was not amenable to appeal

no adequate and sufficient safeguards against abuse: no judicial review of the search/search authorization, no relevant or sufficient reasons to justify the search: no reasons given why any relevant objects or documents might be found during the search

 

Art. 8 (1) - secret surveillance - The applicant's phone conversations were intercepted without any reasonable limits. Interceptions authorised on 26/05/2021, 08/06/2021, 06/07/2021, 14/07/2021, 20/07/2021, 30/07/2021, 10/08/2021, 19/08/2021 by the Leninskiy District Court of Rostov-on-Don; Specific defects:

the use of "surveillance" or "operative experiment" measures not accompanied by sufficient safeguards against arbitrariness ("quality of law"), the applicant was refused access to the decisions authorising secret surveillance measures against him,

 

Art. 13 - lack of any effective remedy in domestic law - in respect of interception of phone communications

 

9,750

  1.    

2196/22

07/12/2021

Gennadiy Andreyevich KOLOTUKHIN

1970

Kanayev Valeriy Viktorovich

Diveyevo

Search under the Code of Criminal Procedure; in the applicant's house

11/06/2021, Diveyevskiy District Court of the Nizhniy Novgorod Region

18/06/2021, final decision on the matter was taken by the Nizhniy Novgorod Regional Court on 16/08/2021

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), particular circumstances: manner of the search, no relevant or sufficient reasons to justify the search: no evidence supporting the search authorisation, no relevant or sufficient reasons to justify the search: no reasons given why any relevant objects or documents might be found during the search

 

 

7,500

  1.  

4018/22

21/12/2021

Aleksandr Gennadyevich KRUGLOV

1976

 

 

search of the applicant's flat

30/07/2021, Samarskiy District Court of Samara

26/08/2021; final decision on the matter was taken by the Samara Regional Court on 04/10/2021

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 relevant or sufficient reasons to justify the search: applicant not a suspect

the court authorised the search to discover "materials of extremist nature" and other objects and materials which could have been important for the criminal investigation against unidentified perpetrators on the charges of public calls for extremist activities

 

Finding of a violation will constitute in itself sufficient just satisfaction

  1.  

7855/22

22/01/2022

Yuriy Andreyevich KOLOTUKHIN

1959

Kanayev Valeriy Viktorovich

Diveyevo

search of the applicant's flat

11/06/2021, Diveyevskiy District Court of the Nizhniy Novgorod Region

18/06/2021; Voznesenskiy District Court of the Nizhniy Novgorod Region, 26/10/2021; Nizhniy Novgorod Regional Court, 20/12/2021

no relevant or sufficient reasons to justify the search: applicant not a suspect, no special safeguards for lawyers: no presence of independent observers

 

 

7,500

  1.  

18825/22

19/03/2022

Pavel Valeryevich ROMANOV

1981

 

 

search of the applicant's flat

24/12/2021, Leninskiy District Court of Cheboksary

09/01/2022; Leninskiy District Court of Cheboksary, 28/01/2022; Supreme Court of the Chuvashia Republic, 01/03/2022

no relevant or sufficient reasons to justify the search: applicant not a suspect, 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)

The search was conducted as part of the criminal investigation against the applicant's former wife

 

7,500

  1.  

28805/22

05/09/2022

Dmitriy Aleksandrovich TETERIN

1979

Peredruk Aleksandr Dmitriyevich

St Petersburg

Search of the applicant's flat as part of the criminal investigation

28/04/2022, Naberezhnye Chelny Town Court of the Tatarstan Republic

29/04/2022, final decision on the matter was taken by the Supreme Court of the Tatarstan Republic on 10/06/2022

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: applicant not a suspect

the criminal investigation was opened against unidentified perpetrators on the charges of false report of terrorism, according to the search warrant, the purpose of the search was to find objects which might be important for the criminal investigation, as claimed by a police officer in the relevant report

 

7,500

  1.  

35117/22

28/06/2022

Anna Valentinovna KIRICHENKO

1975

Kiryanov Aleksandr Vladimirovich

Taganrog

urgent search in the applicant's house

15/11/2021, investigator's order

16/11/2021, Dorogomilovskiy District Court of Moscow, 22/11/2021; Moscow City Court, 29/03/2022

particular circumstances: manner of the search, no adequate and sufficient safeguards against abuse: no sifting procedure of the electronic data, no relevant or sufficient reasons to justify the search: applicant not a suspect, 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)

The search was conducted in the applicant's house as part of the criminal investigation in connexion with her ex-husband's alleged involvement in tabaco smuggling. The ex-husband is registered in the applicant's house. According to the applicant, he lives elsewhere. The applicant lives in the house together with her minor children.

 

7,500

  1.  

36676/22

13/07/2022

Tatyana Viktorovna SPORYSHEVA

1976

Gak Irina Vladimirovna

Rostov-on-Don

search of the applicant's flat

11/03/2022, Pervomayskiy District Court of Rostov-on-Don

13/03/2022; Rostov Regional Court, 18/04/2022

 

no relevant or sufficient reasons to justify the search: applicant not a suspect, 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 adequate and sufficient safeguards against abuse: lawyer not allowed to assist the applicant during the search

The search was conducted based on the assumption of the applicant's awareness about the suspect R.'s criminal activity (he was charged with "rehabilitation of Nazism") and possible presence of objects related to the said offence in her flat, According to the applicant she has never met R.

 

7,500

  1.  

38201/22

23/07/2022

Igor Khasanovich ISLAMOV

1976

Dvoryak Vladimir Gennadyevich

Abakan

Search of the applicant's flat

17/11/2021, investigator

18/11/2021; Minusinsk Town Court,19/11/2021. On 28/12/2021 the Krasnoyarsk Regional Court quashed the decision of 19/11/2021 and remitted the matter for fresh consideration. On 18/01/2022 the Minusinsk Town Court found the search in compliance with law; on 03/03/2023 the Krasnoyarsk Regional Court upheld that decision on appeal (received by post on 27/03/2022; the applicant attended the relevant hearing).

no adequate and sufficient safeguards against abuse: no judicial review of the search/search authorisation, no relevant or sufficient reasons to justify the search: no evidence supporting the search authorisation, no relevant or sufficient reasons to justify the search: no reasonable suspicion as the basis for the search authorisation

The applicant was charged with fraud.

 

7,500

  1.  

42000/22

16/08/2022

Yevgeniy Artemovich SAUTIN

2004

Misakyan Tumas Arsenovich

Moscow

search in the applicant's flat

04/03/2022, Oktyabrskiy District Court of Vladimir

25/03/2022, final decision on the matter was taken by the Vladimir Regional Court on 04/05/2022

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: applicant not a suspect

The search was authorised as part of the criminal investigation in connection with "a no war" graffiti made under the bridge in Vladimir. The applicant worked for an internet media site that posted the photograph of the graffiti.

 

7,500

  1.  

43090/22

17/08/2022

Daniil Sergeyevich BOSTYAKOV

2001

 

 

search of the applicant's house

27/05/2022, the investigator's decision of

31/05/2022, Pskovskiy District Court authorised the search

27/05/2022; final decision by the Pskov Regional Court, 13/07/2022

no relevant or sufficient reasons to justify the search: no evidence supporting the search authorisation, no relevant or sufficient reasons to justify the search: no reasonable suspicion as the basis for the search authorisation, 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: applicant not a suspect

The applicant's father was suspected of having committed a drug related offence

 

7,500

  1.  

55513/22

08/11/2022

(4 applicants)

Household

Elvira Ilyasovna SHAMSUTDINOVA

1979

 

Ruslan Azatovich SHAMSUTDINOV

2014

 

Aisha Azatovna SHAMSUTDINOVA

2008

 

Alla Azatovna SHAMSUTDINOVA

2004

 

 

 

search of the applicants' house

11/03/2020, investigator

11/03/2020,

on 08//05/202 the Sovetskiy District Court of Ufa found that the search of the applicants' house was unlawful. Subsequently, the applicants' civil claims were granted in part. They were awarded RUB 100,000 as non-pecuniary damage, final decision on the matter was taken by the Supreme Court of the Russian Federation on 28/07/2022

no relevant or sufficient reasons to justify the search: applicant not a suspect, 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 special safeguards for lawyers: no special instructions by a judge regarding privileged materials

 

 

7,500

  1.  

12082/23

07/03/2023

Elsa Rinatovna NABIULLINA

1988

Seleznev Stanislav Aleksandrovich

Samara

search of the applicant's house within the framework of the criminal investigation

11/08/2022 Sovetskiy District Court of Kazan

17/08/2022, final decision on the matter was taken by the Supreme Court of the Tatarstan Republic on 08/11/2022

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: no reasons given why any relevant objects or documents might be found during the search

the search was conducted as part of the criminal investigation on the charges of public justification of terrorism

 

7,500

 


[1] Plus any tax that may be chargeable to the applicants.


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