European Court of Human Rights

THIRD SECTION

Application no. 28926/10
Vladimirs VINKS and Jelena RIBICKA
against Latvia
lodged on 7 May 2010

QUESTIONS TO THE PARTIES

1.1.  Has there been an interference with the applicants’ right to respect for their home, private and family life, within the meaning of Article 8 § 1 of the Convention, on account of the search of 16 June 2009?

1.2.  If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2? In particular, taking into account the facts of which the first applicant was suspected, was the way in which the search was carried out proportionate to the aim pursued?

1.3.  Did the Latvian legal system provide for adequate and effective safeguards against abuse in the relevant legislation and practice (see Smirnov v. Russia, no. 71362/01, § 44, ECHR 2007-VII)?

2.1.  Did the applicants have at their disposal an effective domestic remedy for their complaint under Article 8 of the Convention, as required by Article 13 of the Convention?

The Government are requested to submit copies of the following:

(a)  the search warrant issued by a judge and the record of the search of 16 June 2009 and records of any seizures of the applicants’ property;

(b)  the request by the Finance Police Department of the State Revenue Service to the special police units to participate in that search;

(c)  all available information concerning the investigation into the applicants’ complaints about that search.

The Government are requested to submit all documents or information therein concerning the criminal proceedings against the first applicant and the criminal proceedings against two officers of the Finance Police Department of the State Revenue Service, in particular, the first applicant’s testimonies and submissions.