DIMOVA-IVANOVA AND IVANOV v. BULGARIA - 58497/10 (Judgment : Article 8 - Right to respect for private and family life : Fifth Section Committee) French Text [2018] ECHR 444 (31 May 2018)

DIMOVA-IVANOVA AND IVANOV v. BULGARIA - 58497/10 (Judgment : Article 8 - Right to respect for private and family life : Fifth Section Committee) French Text [2018] ECHR 444 (31 May 2018)

The search of applicants' home was not 'in accordance with the law' due to lack of sufficient safeguards against arbitrariness, violating Article 8; no effective remedy was available, violating Article 13; media statements did not specifically target applicant and did not violate presumption of innocence under...

Source-derived case information.

Citation
[2018] ECHR 444
Parties
Applicant: Yoanna Krasteva Dimova-Ivanova; Applicant: Stanimir Angelov Ivanov; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
application partly allowed
Legal Topics
Right to Respect for Private and Family Life, Presumption of Innocence, Effective Remedy, Search and Seizure
Human Rights Criminal Procedure Right to Respect for Private and Family Life Presumption of Innocence Effective Remedy Search and Seizure

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Parties

Yoanna Krasteva Dimova-Ivanova

Applicant

Stanimir Angelov Ivanov

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

  1. 1 Whether the search of applicants' home violated Article 8 ECHR
  2. 2 Whether applicants had an effective remedy under Article 13 ECHR
  3. 3 Whether media statements violated presumption of innocence under Article 6 § 2 ECHR

Ratio Decidendi

The search of applicants' home was not 'in accordance with the law' due to lack of sufficient safeguards against arbitrariness, violating Article 8; no effective remedy was available, violating Article 13; media statements did not specifically target applicant and did not violate presumption of innocence under Article 6 § 2.

Court Disposition

application partly allowed

Orders

  • State must pay applicants jointly 3,000 EUR for moral damage within three months, convertible to Bulgarian levs at applicable rate.
  • State must pay 1,500 EUR for costs and expenses directly to applicants' lawyers within three months.