WCHR Switzerland – monitoring of a law firm’s telephone lines on orders of the Federal Public Prosecutor (sections 66(1 bis) and 77 of the Federal Criminal Procedure Act – ‘the FCPA’)
A lawyer’s home telephone was tapped in an investigation of whether his wife was disclosing confidential information from the Department of Justice where she worked (she was subsequently acquitted).
Held: His claim was refused. Although the monitoring of his telephone lines had seriously perturbed his relations with his family and the members of his firm, it had not had a serious impact. They described the breach of Article 8 as meaning simply that the applicant ‘did not enjoy the minimum degree of protection required by the rule of law in a democratic society’ and without giving more reasoning stated the ‘the finding of a violation of Article 8 constitutes sufficient compensation’.
[1998] HRCD 356, 23224/94, [1998] 27 EHHR 93, [1998] ECHR 18, (1999) 27 EHRR 91, [1989] ECHR 10842/84
Worldlii, Bailii
European Convention on Human Rights 8
Human Rights
Cited by:
Cited – Anufrijeva and Another v London Borough of Southwark CA 16-Oct-2003
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the . .
Cited – T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
Cited – Gallagher for Judicial Review (NI) SC 30-Jan-2019
Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 09 January 2022; Ref: scu.165593