BOSTAN v. THE REPUBLIC OF MOLDOVA - 52507/09 (Judgment : Right to respect for private and family life : Second Section) French Text [2020] ECHR 861 (08 December 2020)

BOSTAN v. THE REPUBLIC OF MOLDOVA - 52507/09 (Judgment : Right to respect for private and family life : Second Section) French Text [2020] ECHR 861 (08 December 2020)

The search and seizure at the applicants' home, conducted without their consent or a prior judicial warrant and without effective post hoc judicial review, did not provide sufficient procedural safeguards against abuse of power. The interference was not 'in accordance with the law' as required by Article 8(2) ECHR,...

Source-derived case information.

Citation
[2020] ECHR 861
Parties
Applicant: Silvia Bostan; Applicant: Veaceslav Bostan; Respondent: Republic of Moldova
Jurisdiction
European Union
Procedural Posture
Human Rights Application / Judgment
Outcome
violation of Article 8 ECHR found
Legal Topics
Right to Respect for Private and Family Life, Search and Seizure, Procedural Safeguards, Judicial Review
Human Rights Law Right to Respect for Private and Family Life Search and Seizure Procedural Safeguards Judicial Review

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Parties

Silvia Bostan

Applicant

Veaceslav Bostan

Applicant

Republic of Moldova

Respondent

Procedural Posture

Human Rights Application / Judgment

  1. 1 Whether the police inspection and seizure at the applicants' home violated Article 8 of the European Convention on Human Rights
  2. 2 Whether there were sufficient procedural safeguards against abuse of power in the absence of prior or effective post hoc judicial control

Ratio Decidendi

The search and seizure at the applicants' home, conducted without their consent or a prior judicial warrant and without effective post hoc judicial review, did not provide sufficient procedural safeguards against abuse of power. The interference was not 'in accordance with the law' as required by Article 8(2) ECHR, resulting in a violation of the applicants' right to respect for their home.

Court Disposition

violation of Article 8 ECHR found

Orders

  • The respondent state must pay the applicants 1,542.44 EUR for costs and expenses within three months, plus any tax due, convertible at the applicable rate.
  • From the expiry of the three-month period until payment, simple interest at the marginal lending facility rate of the European Central Bank plus three percentage points is to be applied.