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WyrokETPCz2022-01-18
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy brak dostępu do materiałów z tajnej inwigilacji i nieprecyzyjne ramy prawne dotyczące ich wykorzystania w postępowaniu dyscyplinarnym naruszyły prawo do rzetelnego procesu (art. 6 ust. 1) oraz prawo do poszanowania życia prywatnego (art. 8) skarżącego?Ratio decidendi
Trybunał nie stwierdził naruszenia art. 6 ust. 1 Konwencji, co oznacza, że uznał, iż brak dostępu skarżącego do materiałów z tajnej inwigilacji oraz ramy prawne dotyczące ich wykorzystania nie naruszyły jego prawa do rzetelnego procesu. Podobnie, Trybunał nie stwierdził naruszenia art. 8 Konwencji, uznając, że działania władz krajowych w zakresie monitorowania komunikacji i wykorzystania zebranych informacji były zgodne z prawem do poszanowania życia prywatnego.Stan faktyczny
Virginijus Adomaitis, były naczelnik więzienia w Kybartai, był podejrzany o przyjmowanie korzyści majątkowych w zamian za lepsze warunki dla więźniów. Przez rok jego rozmowy telefoniczne były monitorowane i przechwytywane. Śledztwo karne zostało umorzone z powodu braku dowodów, jednak zebrane informacje wykorzystano w postępowaniu dyscyplinarnym, które zakończyło się jego zwolnieniem.Rozstrzygnięcie
Trybunał stwierdził brak naruszenia art. 6 ust. 1 Konwencji. Trybunał stwierdził brak naruszenia art. 8 Konwencji.Pełny tekst orzeczenia
issued by the Registrar of the Court
ECHR 013 (2022)
18.01.2022
Judgments of 18 January 2022
The European Court of Human Rights has today notified in writing 23 judgments1:
Six Chamber judgments are summarised below;
Separate press releases have been issued for four other Chamber judgments in the cases of Karuyev
v. Russia (application no. 4161/13), Atristain Gorosabel v. Spain (no. 15508/15), Faysal Pamuk
v. Turkey (no. 430/13), and Mehmet Çiftçi and Suat İncedere v. Turkey (nos. 21266/19 and
21774/19); Committee judgments, concerning issues which have already been examined by the Court, can be
consulted on Hudoc and do not appear in this press release.
The judgments in French below are indicated with an asterisk (*).
Adomaitis v. Lithuania (application no. 14833/18)
The applicant, Virginijus Adomaitis, is a Lithuanian national who was born in 1968 and lives in the
Vilkaviškis region of Lithuania. He was the governor of Kybartai prison.
The case concerns a criminal investigation opened into him on suspicion that he had provided, for
pay, better conditions for inmates while they were serving their sentences, and that he had also
awarded them incentives. For one year, his telephone communications were monitored and
intercepted, after which the criminal intelligence investigation was discontinued for lack of
incriminating evidence. Nevertheless, the use of the collected information was permitted in
disciplinary proceedings, which ultimately led to his dismissal.
Relying on Article 6 § 1 (right to a fair trial), Article 13 and Article 8 (right to respect of private life) of
the European Convention on Human Rights, the applicant complains that he did not have access to
the material from the secret surveillance, that there was a lack of a precise legal framework
indicating how information gathered via covert operations could be used and its lawfulness
contested, and he complains of a breach of his right to privacy.
No violation of Article 6 § 1
No violation of Article 8
Khudoroshko v. Russia (no. 3959/14)
The applicant, Yekaterina Ivanovna Khudoroshko, is a Russian national who was born in 1973 and
lives in Ust-Tarka (Russia).
The case concerns the applicant’s son’s suicide as a result of being subjected to hazing practices and
extortion in the Russian Navy.
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 2 (right to life) and Article 3 (prohibition of inhuman or degrading treatment) of
the European Convention, the applicant complains of her son’s ill-treatment and death during his
compulsory military service. Under Article 13 (right to an effective remedy) in conjunction with
Articles 2 and 3, she complains that the domestic courts had dismissed her claim against the State
for compensation for non-pecuniary damage.
Violation of Article 2 (right to life)
Violation of Article 13 in conjunction with article 2
Just satisfaction:
non-pecuniary damage: 26,000 euros (EUR)
The applicant did not submit any claims for costs and expenses.
Lyubov Vasilyeva v. Russia (no. 62080/09)
The applicant, Lyubov Mikhaylovna Vasilyeva, is a Russian national who was born in 1960 and lives in
Tyrgetuy (Russia).
The case concerns the suicide of the applicant’s son during his compulsory military service whilst
being transferred to a new military unit after bouts of hazing, and the subsequent investigation into
his death. In his suicide letter, he explained that he knew what senior conscripts in his new unit
would do to him for having reported the hazing, so he had decided to kill himself before his name
and honour were sullied.
Relying on Article 2 (right to life) of the Convention, the applicant complains that the State failed to
protect the life of her son and to carry out an effective investigation into the circumstances of his
death; she complains in particular of the alleged negligence on the part of her son’s military
superiors and of the psychologists.
Violation of Article 2 (right to life)
No violation of Article 2 (investigation)
Just satisfaction:
non-pecuniary damage: EUR 20,000
costs and expenses: EUR 7,300
Nevzlin v. Russia (no. 26679/08)
The applicant, Leonid Borisovich Nevzlin, is an Israeli and Russian national who was born in 1959 and
lives in the city of Herzliya (Israel).
The case concerns Mr Nevzlin’s trial in absentia and conviction for three counts of murder, one of
aggravated robbery, and three of attempted murder, for which he received a life sentence.
Relying on Article 6 § 1 (right to a fair trial), Article 6 § 2 (presumption of innocence), and Article 6 § (a) (right to be informed promptly of an accusation), (b) (right to adequate time and facilities for
preparation of defence) and (d) (right to obtain attendance and examination of witnesses), the
applicant complains, in particular, that he was not notified of the charges against him, that the trial
court relied on evidence that came from other trials, and that the judge denied him time to prepare
his defence and the opportunity to call witnesses. He complains that the judge implied that he was
guilty of murder during the trial.
Relying on Articles 6, Article 14 (prohibition of discrimination) and Article 18 (limitation on use of
restrictions of rights), the applicant complains, in particular, that his prosecution was part of a
politically motivated discriminatory campaign of persecution against Yukos shareholders.
Violation of Article 6 §§ 1 and 3 (a) and (b)
Violation of Article 6 §§ 1 and 3 (d) on account of the lack of an effective opportunity for the
applicant’s defence to challenge victim Ry
No violation of Article 6 §§ 1 and 3 (d) as regards other witnesses
Just satisfaction: The applicant did not make any claims for pecuniary or non-pecuniary damage, or
for costs and expenses.
Akpaz limited liability company v. Turkey (no. 6800/09)*
The applicant, the Akpaz limited liability company (Akpaz Dayanıklı Tüketim Malları Sanayi ve Ticaret
Limited Şirketi), is a company set up under Turkish law based in İzmir.
In June 1995 was informed that the applicant company had committed a customs offence by
deliberately altering a number of declarations of imported goods in the port of İzmir. Following this
notification, the customs officers searched the company’s warehouses and seized the goods in
respect of which the company had drawn up the declarations in question. On 30 June 2004 the
Customs Department ordered the return of the goods.
Relying on Article 1 of Protocol No. 1 (protection of property), the applicant company complained
about the seizure of the goods and their belated return, submitting, inter alia, that the value of the
seized goods had fallen sharply during the period of their confiscation.
Violation of Article 1 of Protocol No. 1
Just satisfaction: The Court considers that the remedy provided under domestic law before the
compensation board is an appropriate means of redressing the violation found and therefore
decides to strike out of its list of cases the part of the application concerning the request under
Article 41 of the Convention for pecuniary and non-pecuniary damage. The Court awarded the
applicant company EUR 7,500 in respect of costs and expenses.
İpek limited liability company v. Turkey (no. 29214/09)*
The applicant company, İpek Dayanıklı Tüketim Malları Sanayi ve Ticaret Limited Şirketi (İpek), is a
Turkish limited liability company based in İzmir.
The case concerns the seizure of the applicant company’s property and the damage it sustained on
account of the time lapse between the seizure and the return of the property.
In June 1995 the İzmir Customs Department was informed of a suspected customs offence
committed by the İpek company, by allegedly forging a number of declarations with a view to
conducting fraudulent customs procedures in respect of imported goods. Following this notification,
the customs officers searched the company’s warehouses and seized the goods, which were
returned on 29 June 2004.
Relying on Article 1 of Protocol No. 1 (protection of property), the applicant company complains of
the seizure of the goods and their belated return. It submits, inter alia, that the value of the seized
goods had fallen sharply during the period of their confiscation.
Violation of Article 1 of Protocol No. 1
Just satisfaction: The Court considers that the remedy provided under domestic law before the
compensation board is an appropriate means of redressing the violation found and therefore
decides to strike out of its list of cases the part of the application concerning the request under
Article 41 of the Convention for pecuniary and non-pecuniary damage. The Court awarded the
applicant company EUR 7,500 in respect of costs and expenses.
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_CEDH.
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)
Neil Connolly (tel : + 33 3 90 21 48 05)
Jane Swift (tel : + 33 3 88 41 29 04)
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