Beghal v. the United Kingdom, No. 4755/16, ECtHR (First Section), 28 February 2019

Stop and search powers at borders control. Link with terrorism. National security grounds. Private and family life.

Art. 8 ECHR

1. A person who was stopped and searched at the airport border control, while going back to the United Kingdom after visiting her husband, who was detained in France on terrorism grounds, suffers a violation of her right to private and family life because the powers of examining officers are not based at least on the standard of the reasonable suspicion. 

2. The powers of police officers are too broad and not subject to any restriction of discretion. Consequently, although stop and search powers were carried out in accordance with the law, the principle of proportionality was not respected. 

The case had been adjudicated by the UK Supreme Court, which had ruled stop and search powers in compliance with art. 8 ECHR. 

UK Supreme Court, Beghal (Appellant) v Director of Public Prosecutions (Respondent), [2015] UKSC 49, 22 July 2015.