investigated are premised on the prevention of disorder or commission of crime,
therefore the interference with the privacy of the Applicants with the purpose of
procuring an information to show the breaking of a law is justified and as such is in
accordance with the Law and necessary in a democratic society. In the case of Ludi
Vs Switzerland No 238 ECHR 1992, where a telephone conversation was
intercepted in an attempt to control crime of smuggling of cocaine the European
Court of human rights held as follow:
“Although the Court has no doubt that the telephone interception had been
an interference with Ludi’s private life and correspondence, it found
however that this interference had been in accordance with the Law.”
77. It is instructive that the Applicants did not deny the content of the film as
captured by the petitioner rather their contention is the unlawfulness of the
method used to obtain the information. The Court aligns its thoughts with the
reasoning in the Case of Van Hannover Vs Germany No 59320/00 ECHR 2004 where
the European Court of Human Rights opined thus;
“There is nothing unconstitutional when balancing the public interest of
being informed against the protection of private life, in attaching the
importance to the method used to obtain the information in question”
78. Based on the reasoning above, the court finds that whilst the recording and
filming that took place in the offices and residence interfered with the right to
privacy of the Applicants, it was however done in accordance with the Law and is
necessary in the a democratic society for the prevention and exposure of the
commission of a crime. The allegation of violation of right to privacy of the
Applicants fails. The Court therefore holds that the interference subject to the
exceptions is not a violation of the right to privacy of the Applicants.
79. An ancillary issue which the Court needs to address relates to the allegation of
the status in law of the petitioner. The Supreme Court having ruled that the
petitioner was duly registered and stricto senso not been a human right issues, this
Court will not review the decision as it amounts to sitting on appeal on the decision
of the national court. The court further reiterates that it is not an appellate court
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