CEVAT OZEL v. TURKEY - 19602/06 (Judgment (Merits and Just Satisfaction) : Court (Second Section)) French Text [2016] ECHR 488 (07 June 2016)

CEVAT OZEL v. TURKEY - 19602/06 (Judgment (Merits and Just Satisfaction) : Court (Second Section)) French Text [2016] ECHR 488 (07 June 2016)

The Turkish law in force at the time did not provide adequate and effective safeguards against abuse of surveillance powers, as it lacked provisions for notification of the surveillance measure to the affected person after its cessation. This deficiency meant the law did not possess the required quality, and the...

Source-derived case information.

Citation
[2016] ECHR 488
Parties
Applicant: Cevat Özel; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)
Outcome
Violation of Article 8 ECHR found; just satisfaction awarded.
Legal Topics
Right to Respect for Private and Family Life, Surveillance and Interception of Communications, Notification of Surveillance Measures, Effectiveness of Remedies
Human Rights Law Criminal Procedure Right to Respect for Private and Family Life Surveillance and Interception of Communications Notification of Surveillance Measures Effectiveness of Remedies

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Cevat Özel

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)

  1. 1 Whether the interception of the applicant's telephone communications violated Article 8 of the European Convention on Human Rights
  2. 2 Whether the applicable Turkish law provided adequate safeguards against abuse of surveillance powers

Ratio Decidendi

The Turkish law in force at the time did not provide adequate and effective safeguards against abuse of surveillance powers, as it lacked provisions for notification of the surveillance measure to the affected person after its cessation. This deficiency meant the law did not possess the required quality, and the interception was not 'in accordance with the law' under Article 8 ECHR. Therefore, there was a violation of Article 8.

Court Disposition

Violation of Article 8 ECHR found; just satisfaction awarded.

Orders

  • The respondent State must pay the applicant 7,500 EUR for non-pecuniary damage within three months, to be converted into the currency of the respondent State at the applicable rate on the date of settlement.
  • The respondent State must pay the applicant 5,000 EUR for costs and expenses within three months, to be converted into the currency of the respondent State at the applicable rate on the date of settlement.