Published on 22 July 2024
FIRST SECTION
Application no. 21715/22
Gergely MOLNÁR-FULMER and Zita Eva PINCEHELYI
against Hungary
lodged on 25 April 2022
communicated on 4 July 2024
SUBJECT MATTER OF THE CASE
The application concerns the search of the applicants’ homes carried out by the police on 20 October 2021. The applicants are opposition politicians. On 23 July 2021 they covered with stickers six billboards advertising a national consultation campaign initiated by the Government against “sexual propaganda”. On 24 July 2021 the Pécs Police Department opened investigations into vandalism against unknown perpetrators. On 20 October 2021 both applicants were questioned, and the police department issued a warrant to search their flats. The searches were carried out the same day. The applicants objected the searches; their complaint was dismissed by the Pécs Prosecutor’s Office and their petition for judicial review was dismissed by the Pécs District Court on 21 December 2021. The investigation against the applicants was discontinued on the same day.
The applicants complain that the search of their homes violated their rights protected by Article 8 of the Convention.
QUESTION TO THE PARTIES
Has there been a violation of the applicants’ right to respect for their private life and/or home, contrary to Article 8 of the Convention, on account of the search measure conducted in their homes? In particular, was the interference with the applicants’ right to respect for their private life and/or home “necessary in a democratic society” as required by Article 8 of the Convention?