European Court of Human Rights
FIFTH SECTION CASE OF UZUN v. GERMANY (Application no. 35623/05) JUDGMENT STRASBOURG 2 September 2010 FINAL 02/12/2010 This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. UZUN v. GERMANY JUDGMENT 1 In the case of Uzun v. Germany, The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of: Peer Lorenzen, President, Renate Jaeger, Karel Jungwiert, Mark Villiger, Isabelle Berro-Lefèvre, Mirjana Lazarova Trajkovska, Ganna Yudkivska, judges, and Claudia Westerdiek, Section Registrar, Having deliberated in private on 29 June 2010, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in an application (no. 35623/05) against the Federal Republic of Germany lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a German national, Mr Bernhard Uzun (“the applicant”), on 24 September 2005. The applicant, who had changed his surname from Falk to Uzun during the proceedings before the domestic courts, readopted his original family name Falk in 2009. 2. The applicant, who had been granted legal aid, was represented by Mr . Comes, a lawyer practising in Cologne. The German Government (“the Government”) were represented by their Agent, Mrs A. Wittling-Vogel, Ministerialdirigentin, of the Federal Ministry of Justice. 3. The applicant alleged that the surveillance measures he had been subjected to, in particular his observation via GPS, and the use of the data obtained thereby in the criminal proceedings against him, had violated his right to respect for his private life under Article 8 of the Convention and his right to a fair trial under Article 6 of the Convention.
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