Senior Partner
Anatoly Yarovyi
Service
A former judge from Ukraine sought legal assistance after being subjected to unlawful covert surveillance and an unfair trial. The client was accused of bribery and later convicted, with the evidence against them obtained through secret video and audio recordings. The covert surveillance was carried out without adequate court authorization, violating their right to private life. The client sought legal help after experiencing a prolonged trial that lasted more than six years, where procedural irregularities in the selection of judges and the use of illegally obtained evidence were raised.
Legal Challenges
The case involved several serious violations of the European Convention on Human Rights (ECHR). These included:
- Unlawful video surveillance in the client’s office without proper judicial authorization.
- Unlawful audio recording of a conversation with a third party without court approval.
- Excessive duration of criminal proceedings, lasting over six years, affecting the client’s ability to defend themselves effectively.
- Violation of the right to be tried by a tribunal established by law, with the composition of the appellate court being altered unlawfully.
To challenge these violations, strong legal arguments and evidence were required to demonstrate that the surveillance was disproportionate, the trial unfair, and the use of classified documents in the court proceedings unjustified. The legal team gathered documents showing procedural flaws and the unlawfulness of the covert actions. The case was brought before the European Court of Human Rights, with the goal of securing justice for the client.
The Court’s Decision
After reviewing the case, the ECHR ruled in favor of the client. The Court found that the covert surveillance was unlawful and that the national courts had failed to adequately verify the lawfulness of the measures taken. Additionally, the Court confirmed that the excessive length of the proceedings violated the client’s right to a fair trial. The client was awarded €1,600 for non-pecuniary damage and €1,500 for legal costs and expenses.
This judgment restored the client’s right to privacy and ensured that their case was reviewed fairly. The client can now move forward with their life without the legal and personal restrictions previously imposed by the unlawful surveillance and protracted trial.