Published on 8 November 2021
THIRD SECTION
Application no. 20420/12
Vildar Khamitovich YAKUPOV
against Russia
lodged on 12 March 2012
communicated on 19 October 2021
SUBJECT MATTER OF THE CASE
At the relevant time the applicant was an Islamic teacher in the Chelyabinsk region. A court ordered interception of his telephone conversations and searches on the applicant’s premises on the ground that he had been allegedly involved in extremist religious activities.
QUESTIONS TO THE PARTIES
1. Did the interception of the applicant’s telephone conversations violate his right to respect for his private life and correspondence under Article 8 of the Convention? In particular, did the Chelyabinsk Regional Court verify whether there was a “reasonable suspicion” against the applicant and apply the test of “necessity in a democratic society”, and in particular assess whether the surveillance measures taken in respect of the applicant were proportionate to any legitimate aim pursued (see Moskalev v. Russia, no. 44045/05, §§ 41-44, 7 November 2017)?
2. In respect of the searches on the applicant’s premises, was there a violation of Article 8 of the Convention? In particular, what was the legal basis for that measure and was it proportionate to a legitimate aim (see Aliyev v. Azerbaijan, nos. 68762/14 and 71200/14, §§ 178-85, 20 September 2018)?