On 5 September 2024, the European Court of Human Rights (ECtHR) delivered its judgment in the case of Mukhtarli v. Azerbaijan and Georgia. The case primarily concerned a search of the applicant’s mobile phone by Azerbaijani authorities during his detention, which the applicant argued violated his right to private life under Article 8 of the European Convention on Human Rights (ECHR).
Background
Afgan Mukhtarli, a journalist, was allegedly abducted from Georgia and unlawfully transferred to Azerbaijan in May 2017, where he was detained. During his detention, Azerbaijani authorities searched his mobile phone without obtaining prior judicial authorization. Mukhtarli’s complaints at the national level about the legality of this search were unsuccessful, prompting him to take his case to the ECtHR.
Court’s Findings
The ECtHR found that the search of the phone had not been conducted “in accordance with the law,” as required by Article 8 ECHR. The Court highlighted that such intrusive measures, which significantly interfere with private life and correspondence, necessitate prior authorization by an independent judicial body. In this case, the search was part of an investigation that did not require judicial approval under Azerbaijani law, leaving the decision at the discretion of the investigator.
The Court ruled that allowing investigators unchecked discretion over searches of this nature contravenes the safeguards set by Article 8 ECHR. Although the Court acknowledged that urgent situations might justify bypassing judicial authorization, it concluded that no such circumstances applied in this case.
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