BOSYY v. UKRAINE - 13124/08 (Judgment : Article 8 - Right to respect for private and family life : Fifth Section Committee) [2018] ECHR 959 (22 November 2018)

BOSYY v. UKRAINE - 13124/08 (Judgment : Article 8 - Right to respect for private and family life : Fifth Section Committee) [2018] ECHR 959 (22 November 2018)

Monitoring of applicant's correspondence with non-exempt entities under defective domestic law was not 'in accordance with the law' and violated Article 8 of the Convention.

Source-derived case information.

Citation
[2018] ECHR 959
Parties
Applicant: Vasyl Ivanovych Bosyy; Respondent: Ukraine
Jurisdiction
European Union
Judgment Date
22 November 2018
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Violation of Article 8; no violation of Article 34; remainder inadmissible.
Legal Topics
Prisoner Correspondence Monitoring, Right to Respect for Correspondence, Effective Remedy, Conditions of Detention, Non Pecuniary Damages
Human Rights Law Prison Law Prisoner Correspondence Monitoring Right to Respect for Correspondence Effective Remedy Conditions of Detention Non Pecuniary Damages

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Parties

Vasyl Ivanovych Bosyy

Applicant

Ukraine

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

Legal Issues

  1. 1 Whether monitoring of applicant's correspondence violated Article 8 of the Convention
  2. 2 Whether there was an effective remedy for complaints under Article 3
  3. 3 Whether authorities hindered applicant's right of individual application under Article 34

Ratio Decidendi

Monitoring of applicant's correspondence with non-exempt entities under defective domestic law was not 'in accordance with the law' and violated Article 8 of the Convention.

Court Disposition

Violation of Article 8; no violation of Article 34; remainder inadmissible.

Orders

  • Respondent State to pay applicant EUR 1,000 for non-pecuniary damage within three months.
  • Respondent State to pay EUR 600 for costs and expenses directly to applicant's lawyer within three months.