ROMAN ZAKHAROV v. RUSSIA JUDGMENT
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(paragraphs 7, 11 and 21 of Regulation no. 63 of 6 February 2010 of the
government of the Russian Federation).
57. The head of the State authority or organisation in possession of
information containing State secrets is responsible for giving State officials
and other authorised persons access to that information. He must ensure that
only the information that the recipient needs for the performance of his
duties is disclosed (section 25 of the State Secrets Act).
58. If the data collected in the course of operational-search activities
contain information about the commission of a criminal offence, that
information, together with all the necessary supporting material such as
photographs and audio or video-recordings, must be sent to the competent
investigation authorities or a court. If the information was obtained as a
result of operational-search measures involving interference with the right
to the privacy of postal, telegraphic and other communications transmitted
by means of a telecommunications network or mail services, or with the
privacy of the home, it must be sent to the investigation or prosecution
authorities together with the judicial decision authorising those
measures.The information must be transmitted in accordance with
the special procedure for handling classified information, unless the
State agency performing operational-search activities has decided
to declassify it (paragraphs 1, 12, 14 and 16 of Order
no. 776/703/509/507/1820/42/535/398/68 of 27 September 2013 by the
Ministry of the Interior).
59. If the person whose telephone or other communications were
intercepted is charged with a criminal offence, the records are to be given to
the investigator and attached to the criminal case file. Their further use and
storage are governed by criminal procedural law (section 8(5) of the
OSAA).
60. Data collected as a result of operational-search activities may be
used for the preparation and conduct of the investigation and court
proceedings and used as evidence in criminal proceedings in accordance
with the legal provisions governing the collection, evaluation and
assessment of evidence. The decision to transfer the collected data to other
law-enforcement agencies or to a court is taken by the head of the State
agency performing the operational-search activities (section 11 of the
OSAA).
61. If the interception was authorised in the framework of criminal
proceedings, the investigator may obtain the records from the agency
conducting it at any time during the authorised period of interception. The
records must be sealed and must be accompanied by a cover letter indicating
the dates and time of the beginning and end of the recorded
communications, as well as the technical means used to intercept them.
Recordings must be listened to by the investigator in the presence of
attesting witnesses, an expert (where necessary) and the persons whose