Published on 2 April 2024
THIRD SECTION
Applications nos. 46603/20 and 2455/22
Timofey Nikolayevich KLABUKOV and Others
against Russia
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 7 March 2024, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER
The applications concern complaints raised under Article 8 § 1 of the Convention relating to unlawful search which are the subject of well‑established case law of the Court (see Misan v. Russia, no. 4261/04, 2 October 2014 and Kruglov and Others v. Russia, nos. 11264/04 and 15 others, 4 February 2020).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 8 § 1 of the Convention
(unlawful search)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Type of search
Premises
Date of the search authorisation
Name of issuing authority
Date of the search
Means of exhaustion
Specific defects
Other relevant information
46603/20*
02/10/2020
Timofey Nikolayevich KLABUKOV
1984
Tumas Arsenovich Misakyan
Moscow
the applicant’s flat
20/04/2020 district investigator, Izhevsk
20/04/2020, the final decision on the matter was taken by the Supreme Court of the Udmurtia Republic on 25/05/2020
no adequate and sufficient safeguards against abuse: broad terms/wide content and scope of the search warrant (objects and documents not specific enough to restrict police’s discretion)
The applicant is a journalist
2455/22*
06/12/2021
Yevgeniy Sergeyevich KOCHEGIN
1998
Mariya Alekseyevna KHUDOYAROVA
1993
Aleksandr Dmitriyevich Peredruk
St Petersburg
the applicants’ flat
22/01/2021, head of the division investigating organised crime, Volgograd
22/01/2021, the final decision on the matter was taken by the Volgograd Regional Court on 07/06/2021
no adequate and sufficient safeguards against abuse: broad terms/wide content and scope of the search warrant (objects and documents not specific enough to restrict police’s discretion), no relevant or sufficient reasons to justify the search: applicant not a suspect