#147Slovakia violated lawyer's rights in Kulák case, European Court of Human Rights rules
The European Court of Human Rights (ECHR) ruled in its judgment of 3rd April, 2025 in the case Kulák v. the Slovak Republic that the Slovak Republic violated the right to privacy of a lawyer. As part of criminal proceedings initiated against the lawyer in connection with suspicion of bribery and abuse of power, the lawyer, as the complainant, objected to the search of his office and the seizure of his computer. The search of his office took place in October 2020, based on the prosecutor's telephone consent.
The European Court of Human Rights found in its decision that the search of the lawyer's office and the seizure of his computer had a formal basis in the domestic legal order. The court also stated that the search was carried out in the presence of experts and the applicant's legal representative, and that the prosecutor was also informed.
However, the court pointed out in its decision that at the time of the proceedings there was no additional judicial review of the legality of the search. The court also drew attention to the fact that the prosecutor did not have an independent position as a judge and the presence of a representative of the Slovak Bar Association was only formal.
In its decision, the European Court of Human Rights also pointed out the problem with seizing the lawyer's entire work computer, as there was no procedure for protecting material with confidentiality between the lawyer and the client.
According to the court, the relevant expert incorrectly abstracted more data than was necessary. At the same time, the computer, which was seized as part of securing evidence in criminal proceedings, was only returned after fifteen months, which, according to the court, damaged the complainant's work.
The European Court of Human Rights therefore ruled in this regard that the right to privacy had been violated in the given case and awarded the complainant compensation in the amount of EUR 10,000 for non-pecuniary damage and an additional EUR 3,125 as compensation for the costs of the proceedings.
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- AuthorAdmin
- Date25.4.2025
- Webwww.lexante.sk