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WyrokETPCz2020-02-04
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy odmowa przyznania poświadczenia bezpieczeństwa posłowi, oparta na tajnych informacjach, bez zapewnienia skutecznego środka odwoławczego, narusza prawo do skutecznego środka odwoławczego (art. 13) w związku z prawem do poszanowania życia prywatnego (art. 8) Konwencji?Ratio decidendi
Trybunał stwierdził brak naruszenia art. 13 Konwencji w związku z art. 8. Szczegółowe uzasadnienie tej decyzji nie zostało przedstawione w niniejszym komunikacie prasowym.Stan faktyczny
Mindaugas Bastys, litewski poseł, został ponownie wybrany w październiku 2016 r. i mianowany wicemarszałkiem. Departament Bezpieczeństwa Państwowego (SSD) odmówił mu poświadczenia bezpieczeństwa, powołując się na wątpliwości co do jego wiarygodności z powodu kontaktów z osobami powiązanymi z Rosją. SSD odmówił ujawnienia informacji uzasadniających odmowę, twierdząc, że są one tajne i że nota SSD jest dokumentem tymczasowym, którego nie można zaskarżyć. Marszałek Sejmu również odmówił wydania pisemnej decyzji. W marcu 2018 r. Mr. Bastys zrezygnował z mandatu posła.Rozstrzygnięcie
Stwierdza brak naruszenia art. 13 w związku z art. 8 Konwencji.Pełny tekst orzeczenia
issued by the Registrar of the Court
ECHR 045 (2020)
04.02.2020
Judgments of 4 February 2020
The European Court of Human Rights has today notified in writing 16 judgments1:
three Chamber judgments are summarised below; separate press releases have been issued for one
other Chamber judgments in the case of Alexandru-Marian Iancu v. Romania (application
no. 60858/15) and for two committee judgments in the cases of Baysultanov v. Russia
(no. 56120/13) and Bayram v. Turkey (no. 7087/12);
ten Committee judgments, concerning issues which have already been submitted to the Court, can
be consulted on Hudoc and do not appear in this press release.
The judgments in French are indicated with an asterisk (*)
Bastys v. Lithuania (application no. 80749/17)
The case concerned the authorities’ refusal to issue a member of parliament with security clearance.
The applicant, Mindaugas Bastys, is a Lithuanian national who was born in 1965 and lives in Vilnius.
In October 2016, Mr Bastys was re-elected as a member of the Seimas (the Lithuanian parliament)
and appointed as Deputy Speaker a month later. As part of the standard procedure, the Speaker
asked the State Security Department (SSD) to assess whether or not he could be granted security
clearance, which would allow him access to top secret information. Following a questionnaire and
two interviews to which he had agreed, the SSD issued a note opposing his security clearance as it
had reasons to doubt his trustworthiness. In particular, he apparently maintained relationships with
several individuals who had links to Russia and whose activities were considered contrary to national
security interests.
On 9 March 2017, the Speaker informed Mr Bastys orally that he would not be issued with security
clearance and asked him to resign as Deputy Speaker, which he did. A few days later, he asked the
SSD to provide him with the information used to justify its note in order to be able to contest the
note in court. The SSD refused, stating that part of the information in the note was classified. It also
stated that the note, as an interim document, could not be contested before a court. The Speaker
also refused to provide a copy of his decision not to issue the applicant with security clearance.
Mr Bastys subsequently lodged complaints against the Seimas and the SSD before the Vilnius
Regional Administrative Court and the Supreme Administrative Court. He primarily alleged that the
conclusions in the SSD note were unfounded and that the Speaker had not adopted a written
decision on the refusal for security clearance. Both jurisdictions ruled that the SSD note was an
interim document without any legal consequences and could not therefore be contested in court.
The Supreme Administrative Court also found that the Speaker’s decision did not fall within the
scope of public administration and could not be examined by the administrative courts.
In March 2018 Mr Bastys resigned as a member of the Seimas.
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber
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
Relying on Article 13 (right to an effective remedy) taken in conjunction with Article 8 (right to
respect for private and family life) of the European Convention on Human Rights, Mr Bastys
complained that he had not been able to defend himself against the allegations in the SSD note.
No violation of Article 13 taken in conjunction with Article 8
Kruglov and Others v. Russia (no. 11264/04 and 15 other applications)
The applicants are 25 Russian nationals who were born between 1953 and 1985 and live in Samara,
Yekaterinburg, St Petersburg, Cheboksary, Nizhniy Novgorod, Moscow, Novosibirsk, Markovo,
Khabarovsk, Vladivostok, Orsk, Tomsk, Orenburg and Krasnodar (all in Russia)
The case concerned police searches of the homes and offices of the applicants, who were practising
lawyers or their clients.
The searches in the 16 applications were carried out on various dates between 2003 and 2016. All
but two of the searches were based on court warrants. In some of the searches the investigating
authorities seized items such as computers, hard drives or documents.
The applicants complained in particular that the searches of their homes or offices and the seizure of
electronic devices containing personal information or documents covered by professional legal
privilege violated Article 8 (right to respect for private and family life, the home, and the
correspondence).
Relying in particular on Article 1 of Protocol No. 1 (protection of property) to the European
Convention, the applicants in six applications complained about the seizure and continued retention
of their data-storage devices.
Violation of Article 8 - in respect of 22 applicants
Violation of Article 1 of Protocol No. 1 - in respect of 11 applicants
The Court declared application no. 14244/11 inadmissible.
Just satisfaction: For the exact amounts awarded to the applicants in respect of pecuniary and
non-pecuniary damage, as well as costs and expenses, please see today’s judgment.
Revision
Süleyman Çelebi and Others v. Turkey (nos. 22729/08 and 10581/09)*
The case concerned clashes between the security forces and demonstrators on 1 May 2007 during a
demonstration on Taksim Square in Istanbul.
The applicants are, first, a trade union (the Confederation of Trade Unions of Revolutionary Workers,
“the DISK”) and, secondly, eight Turkish nationals, including Süleyman Çelebi (Chairman of the DISK).
Relying in particular on Article 11 (freedom of assembly and association), the applicants complained
about the security forces’ intervention.
In a judgment of 12 December 2017 the Court found there had been a violation of Article 11 on
account of the dispersion of the demonstration. It also decided to award Süleyman Çelebi, Musa
Çam, Adnan Serdaroğlu, Kamer Aktaş, Celal Ovat, Ali Rıza Küçükosman, Gençay Gürsoy, Arzu
Çerkezoğlu and the “DISK” trade union EUR 7,500 each in respect of non-pecuniary damage.
By a letter received by the Registry on 19 December 2018, the applicants’ representative informed
the Court that Mr Aktaş had died on 3 February 2009 and he thus requested a revision of the
judgment.
In its judgment today the Court decided to revise its judgment of 12 December 2017 and held that
the respondent State was to pay 7,500 euros (EUR) jointly to Fatma Aktaş, Aslıhan Aktaş, Nagihan
Aktaş (Aslan), Pınar Aktaş (Erat), and Hilal Aktaş for non-pecuniary damage.
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 www.echr.coe.int. To receive
the Court’s press releases, please subscribe here: www.echr.coe.int/RSS/en or follow us on Twitter
@ECHR_Press.
Press contacts
[email protected] | tel: +33 3 90 21 42 08
Tracey Turner-Tretz (tel: + 33 3 88 41 35 30)
Denis Lambert (tel: + 33 3 90 21 41 09)
Inci Ertekin (tel: + 33 3 90 21 55 30)
Patrick Lannin (tel: + 33 3 90 21 44 18)
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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© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 15.07.2026. · Źródło