LAURENT v. FRANCE - 28798/13 (Judgment : Article 8 - Right to respect for private and family life : Fifth Section) French Text [2018] ECHR 430 (24 May 2018)

LAURENT v. FRANCE - 28798/13 (Judgment : Article 8 - Right to respect for private and family life : Fifth Section) French Text [2018] ECHR 430 (24 May 2018)

The interception and reading of notes written by a lawyer and handed to his clients by a police officer constituted an interference with the right to respect for correspondence under Article 8 ECHR. There was no evidence of any suspicion justifying the interference, and the action was not necessary in a democratic...

Source-derived case information.

Citation
[2018] ECHR 430
Parties
Applicant: Cyril Laurent; Respondent: French Government
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment
Outcome
Violation of Article 8 ECHR found; satisfaction for moral damage limited to finding of violation; claim for costs rejected.
Legal Topics
Article 8 ECHR, Right to Respect for Private and Family Life, Confidentiality of Lawyer Client Correspondence, State Interference With Correspondence
Human Rights Law Article 8 ECHR Right to Respect for Private and Family Life Confidentiality of Lawyer Client Correspondence State Interference With Correspondence

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Parties

Cyril Laurent

Applicant

French Government

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment

  1. 1 Whether the interception by a police officer of papers handed by a lawyer to his clients constitutes a violation of Article 8 ECHR (right to respect for correspondence)

Ratio Decidendi

The interception and reading of notes written by a lawyer and handed to his clients by a police officer constituted an interference with the right to respect for correspondence under Article 8 ECHR. There was no evidence of any suspicion justifying the interference, and the action was not necessary in a democratic society. Therefore, there was a violation of Article 8.

Court Disposition

Violation of Article 8 ECHR found; satisfaction for moral damage limited to finding of violation; claim for costs rejected.

Orders

  • The application is declared admissible.
  • There has been a violation of Article 8 of the Convention.