SARBU v ROMANIA - 34467/15 (Judgment : Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life)) French Text [2023] ECHR 275 (28 March 2023)

SARBU v ROMANIA - 34467/15 (Judgment : Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life)) French Text [2023] ECHR 275 (28 March 2023)

The use of covert recordings by a co-accused, discovered during a lawful search in another criminal case, was permitted under Romanian law, pursued the legitimate aim of preventing and prosecuting crime, and was subject to sufficient procedural safeguards. The interference with the applicant's private life was...

Source-derived case information.

Citation
[2023] ECHR 275
Parties
Applicant: Mihail-Ioan Sârbu; Respondent: Government of Romania
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment
Outcome
No violation of Article 8 of the Convention; remainder of application inadmissible.
Legal Topics
Right to Respect for Private and Family Life, Use of Covert Recordings in Criminal Proceedings, Procedural Fairness, Surveillance and Privacy at Work
Human Rights Law Criminal Law Right to Respect for Private and Family Life Use of Covert Recordings in Criminal Proceedings Procedural Fairness Surveillance and Privacy at Work

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Parties

Mihail-Ioan Sârbu

Applicant

Government of Romania

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment

  1. 1 Whether the use of covert video recordings by a co-accused in criminal proceedings violated Article 8 of the Convention
  2. 2 Whether the duration of the proceedings violated Article 6 of the Convention

Ratio Decidendi

The use of covert recordings by a co-accused, discovered during a lawful search in another criminal case, was permitted under Romanian law, pursued the legitimate aim of preventing and prosecuting crime, and was subject to sufficient procedural safeguards. The interference with the applicant's private life was limited, proportionate, and accompanied by effective judicial control. Therefore, there was no violation of Article 8.

Court Disposition

No violation of Article 8 of the Convention; remainder of application inadmissible.