Published on 28 June 2021
THIRD SECTION
Application no. 28539/10
AGORA and Others
against Russia
lodged on 7 April 2010
communicated on 7 June 2021
SUBJECT MATTER OF THE CASE
The first applicant is an NGO providing legal assistance on human rights issues. It is based in Kazan, Republic of Tatarstan. The other three applicants (lawyers) work for that NGO. The application concerns a search and video surveillance of the applicants’ office in Kazan. The application also concerns the availability of effective remedies in respect of the above search and video surveillance.
QUESTIONS TO THE PARTIES
1. As regards the search of the applicants’ office, did the interference with the applicants’ right to respect for their private life, home and correspondence pursue a legitimate aim, was it “in accordance with law” and “necessary in a democratic society” as required by Article 8 of the Convention? In particular, were the applicants afforded sufficient procedural safeguards against interference with professional secrecy (see Kruglov and Others v. Russia, nos. 11264/04 and 15 others, § 132, 4 February 2020)?
2. As regards the video-surveillance of the applicants’ office, was there an interference with the applicants’ rights guaranteed by Article 8 of the Convention? If so, did it pursue a legitimate aim, and was it “in accordance with law” and “necessary in a democratic society” as required by Article 8 of the Convention?
3. Did the applicants have at their disposal an effective domestic remedy for their complaints under Article 8 of the Convention, as required by Article 13 of the Convention? In particular, did the national law require the national courts to examine the issues of “proportionality” and “necessity in a democratic society” in respect of the searches of lawyers’ premises (see Keegan v. the United Kingdom, no. 28867/03, §§ 40-43, ECHR 2006‑X)? Did the national courts assess the “proportionality” and “necessity in a democratic society” of the searches in the present cases?
APPENDIX
No.
Applicant’s Name
Year of birth/registration
Nationality
Place of residence
1.
AGORA
2005
n/a
Kazan
2.
Ramil Khaidarovich AKHMETGALIYEV
1977
Russian
Kazan
3.
Pavel Vladimirovich CHIKOV
1978
Russian
Kazan
4.
Irina Vladimirovna KHRUNOVA
1975
Russian
Kazan
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