12
PREZHDAROVI v. BULGARIA JUDGMENT
personal information and requesting their return. The Court observes that
the scope of a search-and-seizure operation is a relevant factor to be taken
into account when deciding whether the impugned measure met the
requirements of Article 8 (see Iliya Stefanov, cited above, § 38). The Court
cannot speculate on the existence of personal information on the computers
but notes that on no occasion did the domestic authorities take account of
the applicants’ complaint in this connection: the court that approved the
measure did not consider the scope of the operation and did not make a
distinction between information which had been necessary for the
investigation and information which had not been relevant; during the
investigation the applicants requested the return of the computers, arguing
that they contained personal information, but neither the prosecutor nor the
relevant courts scrutinised that assertion (see paragraphs 22-24 above).
While the Court accepts that, as a matter of principle, the retention of the
computers for the duration of the criminal proceedings pursues the
legitimate aim of securing physical evidence in an ongoing criminal
investigation (see, mutatis mutandis, Atanasov and Ovcharov v. Bulgaria,
no. 61596/00, § 70, 17 January 2008), the lack of any consideration of the
relevance of the seized information for the investigation and of the
applicants’ complaint regarding the personal character of some of the
information stored on the computers rendered the judicial review formalistic
and deprived the applicants of sufficient safeguards against abuse.
50. In conclusion, the Court finds that the lack of clear rules regarding
the scope of the judicial review in such a situation, combined with the lack
of any meaningful review of the lawfulness of and the justification for the
measure, rendered the post factum judicial review ineffective for the
purposes of the protection of the applicants’ rights as guaranteed by
Article 8 of the Convention. Moreover, while it is true, as the Government
pointed out, that the applicants did not enter any objections in the
search-and-seizure record, such an omission on their part did not relieve the
domestic court from its obligation to provide a meaningful judicial scrutiny
of the search and seizure, especially when subsequently the applicants made
numerous complaints concerning the personal character of parts of the
retained information. Therefore the Government’s objection for
non-exhaustion of domestic remedies must be rejected.
51. Bearing in mind the above, the Court is of the view that even
assuming that there exists a general legal basis in Bulgarian law for the
impugned measure, the applicants in the present case were not offered
sufficient guarantees for their right to respect for their private life before or
after the search-and-seizure operation (see Gutsanovi, cited above, § 226).
In these circumstances the Court finds that the interference with the
applicants’ right to respect for their private life was not “in accordance with
the law” as required by Article 8 § 2 of the Convention. Consequently, the
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