issued by the Registrar of the Court  
ECHR 031 (2024)  
13.02.2024  
Judgments of 13 February 2024  
The European Court of Human Rights has today notified in writing seven Chamber judgments1:  
four judgments are summarised below;  
separate press releases have been issued for three other judgments in the cases of Executief van de  
Moslims van België and Others v. Belgium (application no. 16760/22 and ten other applications),  
X v. Greece (no. 38588/21), and Jann-Zwicker and Jann v. Switzerland (no. 4976/20);  
The judgments summarised below are available only in English.  
Maroslavac v. Croatia (application no. 64806/16)  
The applicant, Željka Maroslavac, is a Croatian national who was born in 1958 and lives in Zagreb.  
The case concerns the applicant’s complaints that a tax audit of her financial affairs was flawed, and  
that she was ordered to pay taxes for periods for which the right of the State to collect those taxes  
had become time-barred.  
Relying on Article 1 of Protocol No. 1 (protection of property) to the European Convention on  
Human Rights, the applicant complains that the tax audit took into account her financial activities in  
2001 and 2002 and that she was consequently ordered to pay profit tax for that period although the  
statutory limitation period had expired, and that the domestic authorities never properly addressed  
her complaints in that respect. She also complains that she was unable to participate effectively in  
the determination of her obligation to pay income tax as the decision extending the tax audit to  
include her income tax had been served only a day before the tax inspection ended.  
No violation of Article 1 of Protocol No. 1  
The applicant, Saulius Jakutavičius, is a Lithuanian national who was born in 1973 and lives in Vilnius.  
The case concerns the non-reimbursement of costs and expenses incurred by the applicant in  
administrative-law violation proceedings in which he successfully challenged a fine imposed on him  
for driving under the influence of alcohol.  
Relying on Article 6 § 1 (right to a fair trial) of the European Convention, the applicant complains that  
the fact that his costs and expenses were not reimbursed violated his right to effectively defend  
himself.  
No violation of Article 6 § 1  
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Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber  
judgment’s delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a  
panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and  
deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the  
Convention, judgments delivered by a Committee are final.  
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.  
Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution  
Podchasov v. Russia (no. 33696/19)  
The applicant, Anton Valeryevich Podchasov, is a Russian national who was born in 1981 and lives in  
Barnaul (Russia).  
Mr Podchasov was a user of Telegram, a messaging application which was listed as an “Internet  
communications organiser” (организатор распространения информации в сети Интернет) by  
the Russian State. It was therefore obliged by law to store all communications data for a duration of  
one year and the contents of all communications for a duration of six months and to submit those  
data to law-enforcement authorities or security services in circumstances specified by law, together  
with information necessary to decrypt electronic messages if they were encrypted.  
Relying on Article 8 (right to respect for correspondence) and Article 13 (right to an effective  
remedy) of the Convention, Mr Podchasov complains of the legal requirements to store, pass on and  
decrypt data, and that he did not have an effective remedy for this complaint.  
Violation of Article 8  
Just satisfaction: The finding of a violation constitutes in itself sufficient just satisfaction for any  
non-pecuniary damage sustained by the applicant  
Mehmet Zeki Doğan v. Türkiye (no. 2) (no. 3324/19)  
The applicant, Mehmet Zeki Doğan, is a Turkish national who was born in 1978 and lives in Edirne  
(Türkiye).  
The case concerns the retrial of the applicant following his conviction for membership of a terrorist  
organisation and the quashing of that conviction.  
Concerning the first trial, on 6 October 2009 the Court delivered its judgment in respect of the  
applicant in Mehmet Zeki Doğan v. Turkey (no. 38114/03), finding a violation of Article 6 § 3 (c) (right  
to legal assistance of own choosing) of the Convention in conjunction with Article 6 § 1 (right to a  
fair trial) on account of the applicant’s lack of access to legal assistance while in police custody, but  
declaring inadmissible his complaint concerning the use of his police statements, which he had  
allegedly made under duress.  
A retrial was carried out, which the national courts found had been carried out in accordance with  
the European Court’s findings in respect of the applicant.  
Relying on Article 6 § 1 (right to a fair trial), the applicant complains that the reopened criminal  
proceedings were not fair in that statements from co-defendants allegedly given under duress  
without a lawyer present were allowed in evidence.  
Violation of Article 6 § 1  
Just satisfaction:  
non-pecuniary damage: 7,800 euros (EUR)  
This press release is a document produced by the Registry. It does not bind the Court. Decisions,  
judgments and further information about the Court can be found on www.echr.coe.int. To receive  
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The European Court of Human Rights was set up in Strasbourg by the Council of Europe member  
States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.  
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