ECtHR 9 November 2021, app. no. 31549/18 (Špadijer v. Montenegro), Privacy, Whistleblowing

• Summary

  States must protect the physical and psychological integrity of individuals from others, including setting up a legal framework with that aim in an adequate way. The ECtHR’s summary of the case is available on: https://hudoc.echr.coe.int/app/conversion/pdf/?library=ECHR&id=003-7176831-9738963&filename=Judgment%20%u0160padijer%20v.%20Montenegro%20-%20Alleged%20bullying%20of%20whistle-blowing%20prison%20guard%20.pdf.

• Ruling

  The Court, unanimously:

  1. Declares the application admissible;

  2. Holds that there has been a violation of Article 8 of the Convention;

  3. Holds that there is no need to examine the complaint under Article 13 of the Convention;

  4. Holds

     1. that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts:

     2. EUR 4,500 (four thousand five hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;

     3. EUR 1,000 (one thousand euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;

     4. that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;

     5. Dismisses the remainder of the applicant’s claim for just satisfaction.