Following a judgement today, the European Court of Human Rights has declared that Serbian intelligence chiefs must reveal data gained through electronic surveillance.
In its judgment in the case of Youth Initiative For Human Rights v. Serbia (application no. 48135/06), which is not final, the European Court of Human Rights held, unanimously, that there had been:
a violation of Article 10 (freedom of expression) of the European Convention on Human Rights.
The case concerned access to information obtained via electronic surveillance by the Serbian Intelligence Agency.
The court concluded that the agency’s obstinate reluctance to comply with a final and binding order to provide information it had obtained was in defiance of domestic law and was tantamount to being arbitrary.
It further held under Article 46 (binding force and implementation) that the most natural way to implement its judgment in this case would be to ensure that the agency provided the applicant NGO with the information it had requested on how many people had been subjected to electronic surveillance in 2005.
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