in this connection that, where a lawyer is involved, an encroachment on professional secrecy may have repercussions on the proper administration of justice and hence on the rights guaranteed by Article 6 of the Convention (see Smirnov, § 48, and Niemietz, § 37, both cited above).
36. In sum, the Court considers that the search carried out, without relevant and sufficient grounds and in the absence of safeguards against interference with professional secrecy, at the flat and office of the applicant, who was not suspected of any criminal offence but was representing the defendant in the same criminal case, was not "necessary in a democratic society". There has therefore been a violation of Article 8 of the Convention.
II. Other alleged violations of the Convention
37. Lastly, relying on Articles 3, 6, 10 and 13 of the Convention, the applicant complained that carrying out the search during the night was inhuman, that the examination of his complaint was unfair, that he had been persecuted for expressing an opinion on the lawful actions of the police, and that there was no effective remedy for his grievances.
38. However, having regard to all the material in its possession, the Court finds that they do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols. It follows that this part of the application must be rejected as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.
III. Application of Article 41 of the Convention
39. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."
A. Damage
40. The applicant claimed 1,000,000 euros (EUR) in respect of non-pecuniary damage.
41. The Government submitted that the claim was ill-founded and evidently excessive.
42. The Court accepts that the applicant has suffered non-pecuniary damage, such as distress and frustration in connection with a breach of his right to respect for his home, which is not sufficiently compensated for by the finding of a violation of the Convention. However, it finds the amount claimed by the applicant excessive. Making its assessment on an equitable basis, the Court awards the applicant EUR 3,000 under this head, plus any tax that may be chargeable on that amount.
B. Costs and expenses
43. The applicant also claimed 332.70 Russian roubles for postal expenses. He produced copies of postal receipts.
44. The Government submitted that the claim was unfounded.
45. On the basis of the material produced before it, the Court is satisfied that the expenses claimed were actually incurred and are reasonable as to quantum. Accordingly, the Court awards the applicant the entire amount claimed, that is EUR 10, plus any tax that may be chargeable to him.
C. Default interest
46. The Court considers it appropriate that the default interest should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.
FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Declares the complaint concerning the search at the applicant's premises admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 8 of the Convention;
3. Holds
(a) that the respondent State is to pay the applicant, within three months, the following amounts, to be converted into Russian roubles at the rate applicable at the
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