Rizos and Daskas v Greece - 65545/01 [2011] ECHR 1639 (08 August 2011)

Rizos and Daskas v Greece - 65545/01 [2011] ECHR 1639 (08 August 2011)

The European Court found that the applicants' article did not exceed the limits of permissible comment on a matter of public interest and that the public prosecutor's interest in protecting his reputation did not outweigh the public's right to receive information about the functioning of the judicial system. The interference with the applicants' freedom of expression was not justified and violated Article 10.

Citation
[2011] ECHR 1639
Parties
Applicant: Rizos; Applicant: Daskas; Respondent: Greece
Jurisdiction
European Union
Judgment Date
08 August 2011
Procedural Posture
Application to the European Court of Human Rights / Execution of Judgment; Post Final Judgment Compliance Review
Outcome
Violation of Article 10 found; just satisfaction paid; case closed by Committee of Ministers.
Legal Topics
Freedom of Expression, Defamation, Just Satisfaction, Execution of Judgments
Human Rights Law Media Law Freedom of Expression Defamation Just Satisfaction Execution of Judgments

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Parties

Rizos

Applicant

Daskas

Applicant

Greece

Respondent

Procedural Posture

Application to the European Court of Human Rights / Execution of Judgment; Post Final Judgment Compliance Review

Legal Issues

  1. 1 Whether the applicants' conviction for defamation and insult constituted a disproportionate interference with their right to freedom of expression under Article 10 of the Convention

Ratio Decidendi

The European Court found that the applicants' article did not exceed the limits of permissible comment on a matter of public interest and that the public prosecutor's interest in protecting his reputation did not outweigh the public's right to receive information about the functioning of the judicial system. The interference with the applicants' freedom of expression was not justified and violated Article 10.

Court Disposition

Violation of Article 10 found; just satisfaction paid; case closed by Committee of Ministers.

Orders

  • Respondent state to pay EUR 32,179 in pecuniary damages to applicants.
  • No further individual measures required.