KENNEDY v. THE UNITED KINGDOM JUDGMENT
1
In the case of Kennedy v. the United Kingdom,
The European Court of Human Rights (Fourth Section), sitting as a
Chamber composed of:
Lech Garlicki, President,
Nicolas Bratza,
Giovanni Bonello,
Ljiljana Mijović,
Päivi Hirvelä,
Ledi Bianku,
Nebojša Vučinić, judges,
and Lawrence Early, Section Registrar,
Having deliberated in private on 27 April 2010,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in an application (no. 26839/05) against the
United Kingdom of Great Britain and Northern Ireland lodged with the
Court under Article 34 of the Convention for the Protection of Human
Rights and Fundamental Freedoms (“the Convention”) by a British national,
Mr Malcolm Kennedy (“the applicant”), on 12 July 2005.
2. The applicant was represented by N. Mole of the AIRE Centre, a nongovernmental organisation based in London. The United Kingdom
Government (“the Government”) were represented by their Agent,
Ms E. Willmott of the Foreign and Commonwealth Office.
3. The applicant complained about an alleged interception of his
communications, claiming a violation of Article 8. He further alleged that
the hearing before the Investigatory Powers Tribunal was not attended by
adequate safeguards as required under Article 6 and, under Article 13, that
he had as a result been denied an effective remedy.
4. On 14 November 2008 the Vice-President of the Fourth Section
decided to give notice of the application to the Government. It was also
decided to examine the merits of the application at the same time as its
admissibility (Article 29 § 3).