Niemietz v. Germany (Search of Law Offices)

Gottfried Niemietz (plaintiff) was an attorney in Freiburg, Germany. Niemietz had been chairman of a local political party called the Bunte Liste and played a committed role in an organization that advocated to limit the church’s influence. On December 9, 1985, an insulting letter was sent from the Freiburg post office to the judge overseeing a criminal case involving an employer who refused to pay church taxes. The letter was signed by Klaus Wegner (which apparently was a pseudonym). The sender’s address was the same post office box that the Bunte Liste used as its sole address until late December 1985. Some of the Bunte Liste mail addressed to the post office box was delivered to Niemietz and his colleague, who also was active on the party’s behalf. In August 1986, a local court issued a warrant for Niemietz’s office. The warrant ordered the search of documents, without any qualification, relevant to Wegner’s identity. Pursuant to the warrant, the authorities searched filing cabinets that contained client information. After unsuccessfully challenging the search in the German courts, Niemietz filed a complaint with the European Commission (commission), arguing that the search violated his right to respect for his private life, home, and correspondence under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (convention). The commission sustained Niemietz’s claim, concluding that Niemietz’s law practice qualified as his private life and his office qualified as his home under Article 8 due to the confidential nature of the attorney-client relationship. Germany (defendant) contested the commission’s determination, arguing that Article 8 restricted only interference with private homes.