CEDH · CASELAW;COMMUNICATEDCASES;ENG — 30 avril 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s75A32C27 { border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s2E932ED2 { margin-top:0pt; margin-bottom:0pt; font-size:11pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } Published on 21 May 2024   FIFTH SECTION Application no. 37514/20 Adam ČERNÝ against the Czech Republic and four other applications (see list appended) communicated on 30 April 2024 SUBJECT MATTER OF THE CASES The applicants were defence counsels of a client who was simultaneously prosecuted in two criminal cases. The case concerns the inclusion of e-mail communications between the applicants and their client regarding the first criminal case, which had been seized during a search of the client’s home and extracted from his electronic devices, into the case file regarding the second criminal case. The applicants claim that the inclusion of their e-mail communications with their client in the case file constitutes an interference with their private life and correspondence and the free exercise of their profession. The applicants invoke Articles 6 § 1 and 8 of the Convention (respect for private life and correspondence). QUESTIONS TO THE PARTIES 1. Did the inclusion of the applicants’ e-mail communication with their client, extracted from the latter’s electronic devices seized during the search of his home, in the case file of the criminal case against the client constitute an interference with the applicants’ right to respect for private life and correspondence within the meaning of Article 8 § 1 of the Convention? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2 of the Convention?   2. Did the applicants have a fair hearing before the Constitutional Court? In particular, were the principles of adversarial proceedings and equality of arms respected, given the fact that the observations submitted to the Constitutional Court by the Czech Bar Association were not communicated to the applicants?   3. Did the applicants have at their disposal effective domestic remedies for their complaints under Article 8 of the Convention, as required by Article 13 of the Convention?         APPENDIX   No. Application no. Case name Lodged on Applicant Year of Birth Place of Residence Nationality Represented by 1. 37514/20 Černý v. the Czech Republic 18/08/2020 Adam ČERNÝ 1979 Prague Czech Zdeněk KOUDELKA 2. 37525/20 Čapčuch v. the Czech Republic 18/08/2020 Pavel ČAPČUCH 1961 Brno Czech Zdeněk KOUDELKA 3. 37533/20 Kočí v. the Czech Republic 18/08/2020 Petr KOČÍ 1979 Prague Czech Zdeněk KOUDELKA 4. 37546/20 Lichnovský v.   the   Czech Republic 18/08/2020 Ondřej LICHNOVSKÝ 1980 Prostějov Czech Zdeněk KOUDELKA 5. 37555/20 Medňanská v.   the   Czech Republic 18/08/2020 Ilona MEDŇANSKÁ 1987 Brno Czech Zdeněk KOUDELKA