ROMAN ZAKHAROV v. RUSSIA JUDGMENT
79
303. It is significant that the shortcomings in the legal framework as
identified above appear to have an impact on the actual operation of the
system of secret surveillance which exists in Russia. The Court is not
convinced by the Government’s assertion that all interceptions in Russia are
performed lawfully on the basis of a proper judicial authorisation. The
examples submitted by the applicant in the domestic proceedings (see
paragraph 12 above) and in the proceedings before the Court (see
paragraph 197 above) indicate the existence of arbitrary and abusive
surveillance practices, which appear to be due to the inadequate safeguards
provided by law (see, for similar reasoning, Association for European
Integration and Human Rights and Ekimdzhiev, cited above, § 92; and, by
contrast, Klass and Others, cited above, § 59, and Kennedy, cited above,
§§ 168-69).
304. In view of the shortcomings identified above, the Court finds that
Russian law does not meet the “quality of law” requirement and is incapable
of keeping the “interference” to what is “necessary in a democratic society”.
305. There has accordingly been a violation of Article 8 of the
Convention.
II. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION
306. The applicant complained that he had no effective remedy for his
complaint under Article 8. He relied on Article 13 of the Convention, which
reads as follows:
“Everyone whose rights and freedoms as set forth in [the] Convention are violated
shall have an effective remedy before a national authority notwithstanding that the
violation has been committed by persons acting in an official capacity.”
307. Having regard to the findings under Article 8 of the Convention in
paragraphs 286 to 300 above, the Court considers that, although the
complaint under Article 13 of the Convention is closely linked to the
complaint under Article 8 and therefore has to be declared admissible, it is
not necessary to examine it separately (see Liberty and Others, cited above,
§ 73).
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
308. Article 41 of the Convention provides: