Peter SENGER v Germany - 32524/05 [2009] ECHR 372 (3 February 2009)

Peter SENGER v Germany - 32524/05 [2009] ECHR 372 (3 February 2009)

The stoppage of letters written in Russian was lawful, pursued a legitimate aim, and was necessary in a democratic society. The applicant failed to exhaust domestic remedies regarding exclusion of correspondence from monitoring and did not substantiate compelling reasons for correspondence in Russian. The complaints were manifestly ill-founded or inadmissible.

Citation
[2009] ECHR 372
Parties
Applicant: Peter Senger; Respondent: Germany
Jurisdiction
European Union
Judgment Date
03 February 2009
Procedural Posture
Application to European Court of Human Rights / Decision on Admissibility
Outcome
application inadmissible
Legal Topics
Prison Correspondence, Freedom of Expression, Right to Respect for Correspondence, Exhaustion of Domestic Remedies
Human Rights Prison Law Prison Correspondence Freedom of Expression Right to Respect for Correspondence Exhaustion of Domestic Remedies

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Parties

Peter Senger

Applicant

Germany

Respondent

Procedural Posture

Application to European Court of Human Rights / Decision on Admissibility

Legal Issues

  1. 1 Whether refusal to hand over letters written in Russian to a prisoner violates Article 8 or Article 10 of the European Convention on Human Rights
  2. 2 Whether refusal constitutes an aggravation of detention violating Article 3 of the Convention
  3. 3 Whether domestic remedies were exhausted

Ratio Decidendi

The stoppage of letters written in Russian was lawful, pursued a legitimate aim, and was necessary in a democratic society. The applicant failed to exhaust domestic remedies regarding exclusion of correspondence from monitoring and did not substantiate compelling reasons for correspondence in Russian. The complaints were manifestly ill-founded or inadmissible.

Court Disposition

application inadmissible

Orders

  • application rejected as manifestly ill-founded and/or for failure to exhaust domestic remedies