MASLAK AND MICHALKOVA v. THE CZECH REPUBLIC - 52028/13 (Judgment (Merits and Just Satisfaction) : Court (Fifth Section)) French Text [2016] ECHR 80 (14 January 2016)

MASLAK AND MICHALKOVA v. THE CZECH REPUBLIC - 52028/13 (Judgment (Merits and Just Satisfaction) : Court (Fifth Section)) French Text [2016] ECHR 80 (14 January 2016)

The Court found that the searches constituted an interference with the applicant's right to respect for his home under Article 8. The warrants were issued by a judge, based on evidence from an ongoing investigation, and contained sufficient information about the suspected crimes and the necessity of the searches....

Source-derived case information.

Citation
[2016] ECHR 80
Parties
Applicant: Miroslav Maslák; Applicant: Katarína Michálková; Respondent: The Czech Republic
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)
Outcome
No violation of Article 8 of the Convention
Legal Topics
Right to Respect for Private and Family Life, Search and Seizure, Effective Remedies, Proportionality of Police Measures
Human Rights Law Criminal Procedure Right to Respect for Private and Family Life Search and Seizure Effective Remedies Proportionality of Police Measures

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Parties

Miroslav Maslák

Applicant

Katarína Michálková

Applicant

The Czech Republic

Respondent

Procedural Posture

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

  1. 1 Whether the search warrants and police searches of the applicant's apartment, garage, and vehicles were sufficiently justified and proportionate under Article 8 of the Convention
  2. 2 Whether the applicants had effective remedies for challenging the searches

Ratio Decidendi

The Court found that the searches constituted an interference with the applicant's right to respect for his home under Article 8. The warrants were issued by a judge, based on evidence from an ongoing investigation, and contained sufficient information about the suspected crimes and the necessity of the searches. Although the reasoning in the warrants was somewhat formal, it was not so deficient as to render the interference unlawful or arbitrary. The applicant was informed of the context and content of the searches, and the procedural safeguards were adequate. The interference was thus 'in accordance with the law', pursued legitimate aims (prevention of crime and protection of public...

Court Disposition

No violation of Article 8 of the Convention