KALNENIENE v. BELGIUM - 40233/07 (Judgment (Merits and Just Satisfaction) : Court (Second Section)) French Text [2017] ECHR 113 (31 January 2017)

KALNENIENE v. BELGIUM - 40233/07 (Judgment (Merits and Just Satisfaction) : Court (Second Section)) French Text [2017] ECHR 113 (31 January 2017)

The search of the applicant's home was not 'in accordance with the law' as required by Article 8, because it was conducted without a specific warrant for her apartment. This constituted a violation of Article 8. However, the use of evidence obtained from the illegal search did not render the proceedings as a whole...

Source-derived case information.

Citation
[2017] ECHR 113
Parties
Applicant: Aušra Kalnėnienė; Respondent: Kingdom of Belgium
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment (merits and Just Satisfaction)
Outcome
Application partly allowed, partly dismissed
Legal Topics
Right to Respect for Private and Family Life, Right to a Fair Trial, Admissibility of Evidence, Effective Remedy
Human Rights Law Criminal Procedure Right to Respect for Private and Family Life Right to a Fair Trial Admissibility of Evidence Effective Remedy

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Parties

Aušra Kalnėnienė

Applicant

Kingdom of Belgium

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment (merits and Just Satisfaction)

  1. 1 Whether the search of the applicant's home without a warrant violated Article 8 of the Convention
  2. 2 Whether the use of evidence obtained from the illegal search violated Article 6 § 1 (right to a fair trial)
  3. 3 Whether the applicant had an effective remedy under Article 13 combined with Article 8

Ratio Decidendi

The search of the applicant's home was not 'in accordance with the law' as required by Article 8, because it was conducted without a specific warrant for her apartment. This constituted a violation of Article 8. However, the use of evidence obtained from the illegal search did not render the proceedings as a whole unfair under Article 6 § 1, as the applicant had the opportunity to challenge the evidence and other corroborating evidence existed. There was no violation of Article 13 combined with Article 8, as the applicant had access to remedies under Belgian law.

Court Disposition

Application partly allowed, partly dismissed

Orders

  • Violation of Article 8 of the Convention
  • No violation of Article 6 § 1 of the Convention