Published on 6 April 2021
SECOND SECTION
Application no. 22126/15
Andrei BAŞTOVOI
against the Republic of Moldova
lodged on 22 April 2015
communicated on 19 March 2021
SUBJECT MATTER OF THE CASE
The application concerns publication, by the Ministry of Internal Affairs, of a press release suggesting that the applicant was guilty of a crime, before any court had the chance to examine the case. It also concerns issuing to the media of video recordings of a search in the applicant’s apartment.
The applicant complains of a violation of Article 6 § 2 following the press release and video materials released to the public, in which it was stated that he had attempted to commit a crime, even though there was no court decision convicting him. He also complains that the release to the public of materials in the criminal file, including videos of his arrest and searches, breached his rights guaranteed under Article 8 of the Convention.
The application raises issues under Articles 6 § 2 (presumption of innocence) and 8 § 1 (right to protection of one’s image and privacy) of the Convention.
QUESTIONS TO THE PARTIES
1. Has there been a violation of Article 6 § 2 of the Convention as a result of the publication by the Ministry of Internal Affairs of the press release concerning the applicant (Popovici v. Moldova, nos. 289/04 and 41194/04, 27 November 2007)?
2. Has there been a violation of Article 8 § 1 of the Convention? In particular, was there an interference with the applicant’s right to privacy as a result of the release to the media of materials from the criminal investigation against him, including videos concerning the search at his apartment and if so, was such an interference “necessary in a democratic society” (Drakšas v. Lithuania, no. 36662/04, 31 July 2012)?
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