DRAGOJEVIĆ v. CROATIA JUDGMENT
22
representative on 13 June 2011 (see paragraph 51 above) and that the
applicant lodged his complaint with the Court on 20 October 2011.
74. Against the above background, the Court rejects the Government’s
objection.
75. The Court also notes that this complaint is not manifestly ill-founded
within the meaning of Article 35 § 3 (a) of the Convention. It further notes
that it is not inadmissible on any other grounds. It must therefore be
declared admissible.
B. Merits
1. The parties’ submissions
76. The applicant contended that his secret surveillance had been
unlawful because it had been based on orders of the investigating judge
issued contrary to the relevant domestic law and the case-law of the higher
domestic courts. Those orders of the investigating judge had contained no
assessment of the likelihood that an offence had been committed and that
the investigation into that offence could not be conducted by other, less
intrusive, means. At the same time the relevant domestic law provided for
judicial control of secret surveillance measures and required the judicial
authority to examine the reasons put forward by the prosecuting authorities
before issuing the secret surveillance orders. The statutory requirement for a
reasoned order was necessary as a form of effective judicial control of
measures interfering with the fundamental rights of an individual.
77. The Government accepted that there had been interference with the
applicant’s rights under Article 8 of the Convention. However, they
considered that such interference had been justified. In particular, the secret
surveillance orders had been based on Article 180 of the Code of Criminal
Procedure and had been issued and supervised by an investigating judge
pursuant to reasoned and substantiated requests from the OSCOC which the
investigating judge had accepted as such. Moreover, such interference had
pursued the legitimate aim of investigating and prosecuting crime and had
been proportionate to the circumstances and gravity of the offence at issue.
2. The Court’s assessment
(a) General principles
78. The Court reiterates that telephone conversations are covered by the
notions of “private life” and “correspondence” within the meaning of
Article 8. Their monitoring amounts to an interference with the exercise of
one’s rights under Article 8 (see Malone v. the United Kingdom, 2 August
1984, § 64, Series A no. 82).
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