P.G. AND J.H. v. THE UNITED KINGDOM View

Notes

Date	25/09/2001
AppNr	44787/98
Body	Court (Third Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	13; 41; 6-1; 8
Violated / NonViolated	8136-18
Citations	35-15-35-466-16-3-c6-3-d81013P1-3P7-1366-16-26-3810

Conclusions:

Costs and expenses partial award
No violation of Art. 6-1
No violation of Art. 6-1 in respect of non-disclosure of material
No violation of Art. 6-1 in respect of use at trial of evidence obtained through listening devices
No violation of Art. 8
No violation of Art. 8 in respect of obtaining information about use of phone
Non-pecuniary damage - financial award
Violation of Art. 13
Violation of Art. 8
Violation of Art. 8 in respect of use of listening device at flat
Violation of Art. 8 in respect of use of listening device at police station

Keywords:

(art. 13) effective remedy
(art. 6) criminal proceedings
(art. 6-1) adversarial trial
(art. 6-1) equality of arms
(art. 6-1) fair hearing
(art. 8-1) respect for correspondence
(art. 8-1) respect for private life
(art. 8-2) interference
(art. 8-2) necessary in a democratic society
(art. 8-2) prescribed by law
(art. 8-2) prevention of crime
(art. 8-2) protection of the rights and freedoms of others
(art. 8-2) public safety

ECHR Notes

Originating Body	Court (Third Section)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Reports of Judgments and Decisions 2001-IX
Language	ENGLISH ; FRENCH
Application Number	44787/98
Importance Level	1
Represented by	N/A
Respondent State	the United Kingdom
Date of Judgment	25/09/2001
Conclusion	Violation of Art. 8 in respect of use of listening device at flat ; No violation of Art. 8 in respect of obtaining information about use of phone ; Violation of Art. 8 in respect of use of listening device at police station ; No violation of Art. 6-1 in respect of non-disclosure of material ; No violation of Art. 6-1 in respect of use at trial of evidence obtained through listening devices ; Violation of Art. 13 ; Non-pecuniary damage - financial award ; Costs and expenses partial award
Articles	6-1 ; 8 ; 13 ; 41
Separate Opinions	Yes
Strasbourg Case Law	Amman v. Switzerland [GC], no. 27798/95, ECHR 2000-2, §§ 65-67 ; B. v. France judgment of 25 March 1992, Series A no. 232-C, § 63 ; Brandstetter v. Austria judgment of 28 August 1991, Series A no. 211, §§ 66, 67 ; Burghartz v. Switzerland judgment of 22 February 1994, Series A no. 280-B, § 24 and Commission's opinion, § 47 ; Doorson v. the Netherlands judgment of 26 March 1996, Reports 1996-II, §§ 70 and 72 ; Dudgeon v. the United Kingdom judgment of 22 October 1981, Series A no. 45, § 41 ; Edwards v. the United Kingdom judgment of 16 December 1992, Series A no. 247-B, §§ 34 and 36 ; Friedl v. Austria, no. 15225/89, Commission's report of 19 May 1994, Series A no. 305-B, § 45 ; Halford v. the United Kingdom judgment of 25 June 1997, Reports 1997-III, § 44 ; Jasper v. the United Kingdom [GC], no. 27052/95, judgments of 16 February 2000 §§ 55-58 ; Fitt v. the United Kingdom [GC], no. 29777/96, judgments of 16 February 2000, §§ 48-50, ECHR 2000-II ; Khan v. the United Kingdom, no. 35394/97, [Section 3], ECHR 2000-V, judgment of 12 May 2000, §§ 26-28 ; Kopp v. Switzerland judgment of 25 March 1998, Reports 1998-II, p. 540, § 55, p. 541, § 64 ; Laskey, Jaggard and Brown v. the United Kingdom judgment of 19 February 1997, Reports 1997-1, § 36 ; Malone v. the United Kingdom judgment of 2 August 1984, Series A no. 82, p. 37, §§ 83-84 ; Niemietz v. Germany judgment of 16 December 1992, Series A no. 251-B, § 29 ; Rotaru v. Romania [GC], no. 28341/95, ECHR 2000-V, §§ 43-44 ; Rowe and Davis v. the United Kingdom [GC], no. 28901/95, § 62, ECHR 2000-II ; Saunders v. the United Kingdom judgment of 17 December 1996, Reports 1996-VI, pp. 2064-65, § 69 ; Schenk v. Switzerland judgment of 12 July 1988, Series A no. 140, §§ 45 and 46 ; Smith and Grady v. the United Kingdom, nos. 33985/96 and 33986/96, § 135, ECHR 1999-VI ; Teixeira de Castro v. Portugal judgment of 9 June 1998, Reports 1998-IV, § 34 ; Van Mechelen and Others v. the Netherlands judgment of 23 April 1997, Reports 1997-III, § 54 and § 58
Keywords	"(Art. 13) EFFECTIVE REMEDY" "(Art. 6) CRIMINAL PROCEEDINGS" "(Art. 6-1) ADVERSARIAL TRIAL" "(Art. 6-1) EQUALITY OF ARMS" "(Art. 6-1) FAIR HEARING" "(Art. 8-1) RESPECT FOR CORRESPONDENCE" "(Art. 8-1) RESPECT FOR PRIVATE LIFE" "(Art. 8-2) INTERFERENCE" "(Art. 8-2) NECESSARY IN A DEMOCRATIC SOCIETY" "(Art. 8-2) PRESCRIBED BY LAW" "(Art. 8-2) PREVENTION OF CRIME" "(Art. 8-2) PROTECTION OF THE RIGHTS AND FREEDOMS OF OTHERS" "(Art. 8-2) PUBLIC SAFETY"

Application Documents 1

P.G. AND J.H. v. THE UNITED KINGDOM

Court (Third Section) Decision

24/10/2000

References 31

	108 COEME AND OTHERS v. BELGIUM 6-1, 6-1, 7 Court (Second Section) Judgment (Merits and Just Satisfaction)	22/06/2000
	111 KHAN v. THE UNITED KINGDOM 8, 13, 6-1 Court (Third Section) Judgment (Merits and Just Satisfaction)	12/05/2000
	136 ROTARU v. ROMANIA 8, 13, 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	04/05/2000
	328 COMINGERSOLL S.A. v. PORTUGAL 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	06/04/2000
	36 JASPER v. THE UNITED KINGDOM 6-1 Court (Grand Chamber) Judgment (Merits)	16/02/2000
	51 ROWE AND DAVIS v. THE UNITED KINGDOM 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	16/02/2000
	67 AMANN v. SWITZERLAND 8 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	16/02/2000
	23 FITT v. THE UNITED KINGDOM 6-1 Court (Grand Chamber) Judgment (Merits)	16/02/2000
	94 GARCIA MANIBARDO v. SPAIN 6-1 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	15/02/2000
	115 SMITH AND GRADY v. THE UNITED KINGDOM 8, 13, 3, 14 Court (Third Section) Judgment (Merits and Just Satisfaction)	27/09/1999
	8 BEER AND REGAN v. GERMANY 6-1 Court (Grand Chamber) Judgment (Merits)	18/02/1999
	208 OSMAN v. THE UNITED KINGDOM 6-1, 2, 8 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	28/10/1998
	85 TEIXEIRA DE CASTRO v. PORTUGAL 6-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	09/06/1998
	67 KOPP v. SWITZERLAND 8 Court (Chamber) Judgment (Merits and Just Satisfaction)	25/03/1998
	97 HALFORD v. THE UNITED KINGDOM 8, 13 Court (Chamber) Judgment (Merits and Just Satisfaction)	25/06/1997
	241 VAN MECHELEN AND OTHERS v. THE NETHERLANDS 6-3-d, 6-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	23/04/1997
	15 LASKEY, JAGGARD AND BROWN v. THE UNITED KINGDOM 8 Court (Chamber) Judgment (Merits)	19/02/1997
	70 SAUNDERS v. THE UNITED KINGDOM 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	17/12/1996
	167 DOORSON v. THE NETHERLANDS 6-1, 6-3-d Court (Chamber) Judgment (Merits)	26/03/1996
	15 FRIEDL v. AUSTRIA Court (Chamber) Judgment (Merits)	31/01/1995
	57 BURGHARTZ v. SWITZERLAND 8, 14 Court (Chamber) Judgment (Merits and Just Satisfaction)	22/02/1994
	109 NIEMIETZ v. GERMANY 8 Court (Chamber) Judgment (Merits and Just Satisfaction)	16/12/1992
	255 EDWARDS v. THE UNITED KINGDOM 6 Court (Chamber) Judgment (Merits)	16/12/1992
	53 B. v. FRANCE 8 Court (Plenary) Judgment (Merits and Just Satisfaction)	25/03/1992
	79 BRANDSTETTER v. AUSTRIA 6-1, 6-1, 6-3-d, 6-3-c Court (Chamber) Judgment (Merits and Just Satisfaction)	28/08/1991
	61 HUVIG v. FRANCE 8 Court (Chamber) Judgment (Merits and Just Satisfaction)	24/04/1990
	250 SCHENK v. SWITZERLAND 6-1, 6-2 Court (Plenary) Judgment (Merits)	12/07/1988
	158 SCHENK v. SWITZERLAND Commission (Plenary) Decision	06/03/1986
	98 MALONE v. THE UNITED KINGDOM 8 Court (Plenary) Judgment (Merits)	02/08/1984
	126 DUDGEON v. THE UNITED KINGDOM 8 Court (Plenary) Judgment (Merits)	22/10/1981
	234 KLASS AND OTHERS v. GERMANY 8, 13, 6 Court (Plenary) Judgment (Merits)	06/09/1978

Show all (31)

Citations Breakdown

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1–10 of 52

Citations 52

	SALECK BARDI v. SPAIN 8 Court (Third Section) Judgment (Merits and Just Satisfaction)	24/05/2011
	GORANOVA-KARAENEVA v. BULGARIA 13, 8 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	08/03/2011
	WELKE AND BIALEK v. POLAND 6-1, 6-3 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	01/03/2011
	2 MGN LIMITED v. THE UNITED KINGDOM 10, 10 Court (Fourth Section) Judgment (Merits)	18/01/2011
	AYDOGDU c. TURQUIE Court (Second Section) Decision	11/01/2011
	KAYA c. TURQUIE Court (Second Section) Decision (Partial)	11/01/2011
	DURAN ET AUTRES c. TURQUIE Court (Second Section) Decision	11/01/2011
	1 A.S. v. FINLAND 6-3-d, 6-1 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	28/09/2010
	2 UZUN v. GERMANY 8 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	02/09/2010
	3 GAFGEN v. GERMANY 3, 6-1, 6-3 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	01/06/2010

ECHR CaseLaw

P.G. AND J.H. v. THE UNITED KINGDOM View

Notes

ECHR Notes

Application Documents 1

References 31

Citations Breakdown

Citations 52

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