Published on 20 September 2021
FIFTH SECTION
Application no. 11992/19
Denys Sergiyovych ANIKIN against Ukraine
and 2 other applications
(see list appended)
communicated on 30 August 2021
SUBJECT MATTER OF THE CASE
The applications concern complaints by three practicing lawyers, under, inter alia, Article 8 of the Convention, of an allegedly unlawful and unjustified order of the Pecherskyi District Court in Kyiv taken on 7 February 2019. That order obliged a telecommunications operator to disclose to prosecutors a wide range of the applicants’ telecommunications data concerning a three-year period. The court order indicated that it was not subject to appeal. Disclosure of that data was requested on the ground that the applicants could have been implicated in the criminal offence under investigation, namely, alleged fraud related to medical reports concerning the health status of a Mr O.Sh.
The applicants allege that when seeking a court order to access the data in question, the prosecutors deliberately omitted to indicate to the court that the request concerned practising lawyers and, moreover, legal counsel to Mr O.Sh. in the ongoing criminal proceedings against him.
QUESTIONS TO THE PARTIES
1. Have the applicants exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?
2. Has there been an interference with the applicants’ right to respect for their private life or correspondence, within the meaning of Article 8 § 1 of the Convention? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2?
APPENDIX
No.
Application no./
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
1.
11992/19
Anikin v. Ukraine
27/05/2019
Denys Sergiyovych ANIKIN
1980
Kyiv
Ukrainian
2.
42783/19
Tsygankov v. Ukraine
01/08/2019
Andriy Igorovych TSYGANKOV
1967
Kyiv
Ukrainian
3.
42784/19
Plisa v. Ukraine
01/08/2019
Nataliya Mykhaylivna PLISA
1969
Kyiv
Ukrainian
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