ECtHR Finds Privacy Violation in Monitoring of Legal Documents Exchanged between Prisoners and Lawyers

On 3 September 2024, the European Court of Human Rights (ECtHR) delivered its judgment in Hallaçoğlu v. Türkiye (Application no. 24514/19), addressing a privacy violation involving the monitoring of confidential communications between a prisoner and his lawyer. The case centered on Ruhi Hallaçoğlu, who was detained following the 2016 coup attempt for alleged membership in the FETÖ organization. During his imprisonment, Turkish authorities monitored documents exchanged with his lawyer, citing Law no. 5275, amended by an emergency decree issued in the aftermath of the coup.

Key Legal Points

• Government’s Argument: Turkish authorities defended the monitoring as a necessary emergency measure under domestic law, specifically section 59(5) of Law no. 5275, amended by Legislative Decree no. 676.
• Hallaçoğlu’s Complaint: Hallaçoğlu claimed that monitoring his legal communications breached his right to private life and confidential communication under Article 8 of the European Convention on Human Rights (ECHR).

Decision

• The Court ruled that the monitoring constituted an interference with Hallaçoğlu’s right to respect for private life and correspondence under Article 8 ECHR.
• Citing its earlier decision in Mehmet Demir v. Türkiye, the Court found that the Turkish legislation was too vague and did not meet the ECHR’s standards for foreseeability and lawfulness.
• The Court also determined that the emergency measures used to justify the monitoring were not adequate to override fundamental rights.

Compensation

• The ECtHR ruled unanimously that Türkiye had violated Article 8 of the ECHR.
• The Court awarded Hallaçoğlu €2,600 for non-pecuniary damages but rejected other claims due to lack of documentation.

This ruling highlights the importance of clear legal standards and the protection of privacy in lawyer-client communications, even during states of emergency. You can read it here.