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Sanoma Uitgevers BV v Netherlands
Held
Unanimously finding a violation of Article 10;
The domestic procedure for the seizure of journalistic source material lacked procedural safeguards to the extent that the prosecutor's requirement that the applicant provide the material was not "prescribed by law." Adequate safeguard would be the guarantee of the review of the contemplated seizure by a judge or other independent and impartial decision-making body. The investigating judge in this case was acting only in an "advisory role" at the time of the handover.