DERMANSKI v. BULGARIA - 61322/10 (Judgment : Right to respect for private and family life : Fifth Section Committee) French Text [2020] ECHR 919 (17 December 2020)

DERMANSKI v. BULGARIA - 61322/10 (Judgment : Right to respect for private and family life : Fifth Section Committee) French Text [2020] ECHR 919 (17 December 2020)

The searches of the applicants' vehicles were not 'in accordance with the law' as required by Article 8 ECHR, since they lacked judicial authorization or subsequent judicial review, constituting an unjustified interference. The applicants did not have effective domestic remedies for this violation, resulting in a...

Source-derived case information.

Citation
[2020] ECHR 919
Parties
Applicant: Ognyan Yordanov Dermanski; Applicant: Miglena Yulieva Dermanska; Applicant: Yuli Ognyanov Dermanski; Applicant: Rosian Ognyanov Dermanski; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment
Outcome
Application partly allowed, partly rejected
Legal Topics
Right to Respect for Private and Family Life, Right to an Effective Remedy, Search and Seizure, Police Powers, Proportionality, Procedural Safeguards
Human Rights Law Criminal Procedure Right to Respect for Private and Family Life Right to an Effective Remedy Search and Seizure Police Powers Proportionality Procedural Safeguards

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Summary, issues, holding and outcome

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Parties

Ognyan Yordanov Dermanski

Applicant

Miglena Yulieva Dermanska

Applicant

Yuli Ognyanov Dermanski

Applicant

Rosian Ognyanov Dermanski

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment

  1. 1 Whether the police searches and vehicle searches violated Article 8 ECHR (right to respect for private and family life)
  2. 2 Whether there was an effective remedy under Article 13 ECHR for the alleged violations
  3. 3 Whether the police operation constituted inhuman or degrading treatment under Article 3 ECHR

Ratio Decidendi

The searches of the applicants' vehicles were not 'in accordance with the law' as required by Article 8 ECHR, since they lacked judicial authorization or subsequent judicial review, constituting an unjustified interference. The applicants did not have effective domestic remedies for this violation, resulting in a breach of Article 13 ECHR. The police operation did not reach the minimum level of severity required for a violation of Article 3 ECHR.

Court Disposition

Application partly allowed, partly rejected

Orders

  • Declared the application admissible as to Articles 8 and 13 ECHR and inadmissible as to the remainder.
  • Found a violation of Article 8 ECHR regarding the vehicle searches.