Published on 23 September 2024
SECOND SECTION
Application no. 39094/22
Mehmet Yücel KARAHASANOĞLU
against Türkiye
lodged on 10 June 2022
communicated on 6 September 2024
SUBJECT MATTER OF THE CASE
The application concerns the right of the applicant, who was detained at the time of the events, to confidential communication with his lawyer. A measure of monitoring/recording of the applicant’s conversations with his lawyer was adopted by the penitentiary authorities pursuant to Article 59 of Law no. 5275.
Relying on Article 8 of the Convention, the applicant complains about the monitoring by an officer of his lawyer’s visits and the recording of those meetings by means of technical devices.
QUESTION TO THE PARTIES
Has there been an interference with the applicant’s right to respect for his private life and correspondence, within the meaning of Article 8 § 1 of the Convention, on account of the presence of an officer during the applicant’s consultations with his lawyer and/or the recording of their conversations?
If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2 (compare Campbell v. the United Kingdom, 25 March 1992, §§ 33-53, Series A no. 233; Altay v. Turkey (no. 2), no. 11236/09, §§ 49-52, 9 April 2019; and Canavcı and Others v. Türkiye, nos. 24074/19 and 2 others, §§ 91 and 93-96, 14 November 2023)?