003-3462032-3896167
WyrokETPCz2011-03-08
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy podsłuchiwanie rozmów telefonicznych skarżącej w postępowaniu karnym naruszyło jej prawo do poszanowania życia prywatnego (art. 8 Konwencji) oraz czy skarżąca miała dostęp do skutecznego środka odwoławczego w tej sprawie (art. 13 Konwencji)?Stan faktyczny
Skarżąca, Koprinka Petkova Goranova-Karaeneva, bułgarska neurolog, była oskarżona o przyjmowanie łapówek. W styczniu 2001 roku jej rozmowy telefoniczne były podsłuchiwane w ramach postępowania karnego. Została uznana za winną w listopadzie 2003 roku i skazana na trzyletni wyrok pozbawienia wolności w zawieszeniu, który został później zmniejszony w apelacji do półtora roku.Rozstrzygnięcie
Stwierdza brak naruszenia art. 8 Konwencji. Stwierdza naruszenie art. 13 Konwencji. Zasądza 1100 euro na pokrycie kosztów i wydatków.Pełny tekst orzeczenia
issued by the Registrar of the Court
no. 193
08.03.2011
Judgments1 concerning Albania, Montenegro, Romania, Spain
and Turkey
The European Court of Human Rights has today notified in writing the following seven
judgments.
Repetitive cases2 and one length-of-proceedings case, with the Court’s main finding
indicated, can be found at the end of the press release. The judgments available only in
French are indicated with an asterisk (*).
Goranova-Karaeneva v. Bulgaria (no. 12739/05)
The applicant, Koprinka Petkova Goranova-Karaeneva, is a Bulgarian national who was
born in 1952 and lives in Montana (Bulgaria). A former neurologist at Montana Regional
Hospital, she was occasionally called upon to act as a court-appointed expert. The case
concerned her complaint about the tapping of her telephone conversations in January in the context of criminal proceedings brought against her for bribe-taking. She
was notably accused of offering to corroborate – in exchange for money – a former
patient’s civil claim against the Montana hospital. She was found guilty as charged in
November 2003 and given a three-year suspended prison sentence, later reduced on
appeal to one-and-a-half years. She relied on Articles 8 (right to respect for private and
family life, the home and correspondence) and 13 (right to an effective remedy) of the
European Convention on Human Rights.
No violation of Article 8
Violation of Article 13
Just satisfaction: finding of a violation sufficient for non-pecuniary damage and 1,100
euros (EUR) for costs and expenses
The Arges College of Legal Advisers v. Romania (application
no. 2162/05)
The applicant is an association of legal advisers from Piteşti (Argeş County, Romania)
whose registration was refused by the domestic courts in October 2004. Notably, the
courts refused the registration as one of the aims set down in the association’s statute
(the protection and promotion of the rights of individuals in their relation with public
authorities) led them to believe that it wanted to practise activities similar to those of
lawyers, which, under domestic law, was forbidden outside the Romanian Bar
Association. Relying in particular on Article 11 (freedom of assembly and association) of Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month
period following a judgment’s delivery, any party may request that the case be referred to the Grand Chamber
of the Court. If such a request is made, a panel of five judges considers whether the case deserves further
examination. In that event, the Grand Chamber will hear the case and deliver a final judgment. If the referral
request is refused, the Chamber judgment will become final on that day. Under Article 28 of the Convention,
judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for
supervision of its execution. Further information about the execution process can be found here:
www.coe.int/t/dghl/monitoring/execution In which the Court has reached the same findings as in similar cases raising the same issues under the
Convention.
the Convention, the applicant complained about this refusal to register it as an
association.
Violation of Article 11
Just satisfaction: no claim made by the applicant. The Court drew attention to the fact
that the situation existing before the above breach of the Convention could be restored
by allowing the applicant association, under the Romanian Code of Civil Procedure, to
address the national courts with an extraordinary appeal.
Beristain Ukar v. Spain (no. 40351/05)*
The applicant, Aritz Beristain Ukar, is a Spanish national who was born in 1980 and lives
in Hernani (Spain). In 2002 he was arrested in San Sebastián on suspicion of having
taken part in violent clashes in the city. Relying mainly on Article 3 (prohibition of
inhuman or degrading treatment), he submitted that he had been ill-treated during his
arrest and while he had been detained for five days in San Sebastián and Madrid.
No violation of Article 3 (prohibition of inhuman or degrading treatment)
Violation of Article 3 (lack of effective investigation)
Just satisfaction: EUR 20,000 euros (non-pecuniary damage) and EUR 3,000 (costs
and expenses)
Repetitive cases
The following cases raise issues which have already been submitted to the Court.
Delvina v. Albania (no. 49106/06)
Eltari v. Albania (no. 16530/06)
These cases concerned the non-enforcement of final court decisions in the applicants’
favour. They relied on Article 6 § 1 (right to a fair hearing), Article 13 (right to an
effective remedy) and Article 1 of Protocol No. 1 (protection of property).
In both cases
Violation of Article 6 § 1 (fairness)
Violation of Article 13 in conjunction with Article 6 § 1
Violation of Article 1 of Protocol No. 1
Emiroğlu v. Turkey (no. 40795/05)*
This case concerned the applicant’s complaint that the authorities had expropriated his
property without paying compensation. He relied on Article 1 of Protocol No. 1
(protection of property).
Violation of Article 1 of Protocol No. 1
Kiziroğlu v. Turkey (no. 52154/07)
This case concerned a navy captain’s complaint that he had been unable to access the
classified documents submitted by the Ministry of Defence to the Supreme Military
Administrative Court in proceedings in which he had sought the annulment of his
appointment to a different post. He relied on Article 6 § 1 (right to a fair hearing).
Violation of Article 6 § 1 (fairness)
Length-of-proceedings case
In the following case, the applicants complained in particular about the excessive length
of administrative proceedings concerning expropriation of their house and land.
Živaljević v. Montenegro (no. 17229/04)
Violation of Article 6 § 1
This press release is a document produced by the Registry. It does not bind the Court.
Decisions, judgments and further information about the Court can be found on its
Internet site. To receive the Court’s press releases, please subscribe to the Court’s RSS
feeds.
Press contacts
[email protected] | tel: +33 3 90 21 42 08
Emma Hellyer (tel: + 33 3 90 21 42 15)
Tracey Turner-Tretz (tel: + 33 3 88 41 35 30)
Kristina Pencheva-Malinowski (tel: + 33 3 88 41 35 70)
Céline Menu-Lange (tel: + 33 3 90 21 58 77)
Frédéric Dolt (tel: + 33 3 90 21 53 39)
Nina Salomon (tel: + 33 3 90 21 49 79)
The European Court of Human Rights was set up in Strasbourg by the Council of
Europe Member States in 1959 to deal with alleged violations of the 1950 European
Convention on Human Rights.
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