Slovakia will have to pay 9750 euros to financier Jaroslav Haščák. This was decided by the European Court of Human Rights (ECtHR) following its complaint over the Gorilla interception. He found a violation of the right to privacy. The European Court of Justice has rejected allegations of violations of the right to a fair trial and a presumption of innocence. TASR information was provided by the spokesman of the Ministry of Justice of the Slovak Republic Peter Bubla. Haščák lodged three complaints with the ECtHR in 2012 and 2016. They were related to the interception carried out by the Slovak Information Service (SIS) within the Gorilla action. The financier complained to the ECtHR under Article of the Convention for the Protection of Human Rights and Fundamental Freedoms about the interception, the creation and preservation of materials, the lack of safeguards against misuse, the alleged leakage of information and the lack of an effective remedy. He further complained about the length of the criminal proceedings and the violation of the right to the presumption of innocence, Bubla said. Haščák originally demanded 66,000 euros from Slovakia for non-pecuniary damage. “In its judgment, the ECtHR referred to a large extent to its conclusions in the judgment in Zoltán Varga v. The Slovak Republic of 20 July 2021, which, in its view, also apply mutatis mutandis to the complainant’s objections in this case,” Bubla claims. In the past, the ECtHR ruled in favor of Slovak ex-police officer Zoltán Varga, who sued the state for interception by the Slovak Information Service in his Bratislava apartment as part of Operation Gorilla. According to the ECtHR, Haščák’s complaints concerned the Gorilla and not his accusation in 2020. The court therefore found that public statements, testimony as a witness or other circumstances did not place Haščák in the position of a person materially accused in criminal proceedings concerning the Gorilla. “The ECtHR therefore rejected this part of the complaint on the grounds of incompatibility with the provisions of the Convention,” Bubla said.
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