Sokolowski v Poland - 75955/01 [2009] ECHR 2242 (3 December 2009)

Sokolowski v Poland - 75955/01 [2009] ECHR 2242 (3 December 2009)

The European Court found that the applicant's conviction and sentence for defamation were not necessary in a democratic society, as the statements concerned matters of public interest and the penalty imposed was disproportionate, thus violating Article 10 of the Convention.

Citation
[2009] ECHR 2242
Parties
Applicant: Sokolowski; Respondent: Poland
Jurisdiction
European Union
Judgment Date
03 December 2009
Procedural Posture
Application to the European Court of Human Rights / Execution of Judgment and Closure by Committee of Ministers
Outcome
Case closed; execution of judgment completed.
Legal Topics
Freedom of Expression, Defamation, Criminal Conviction, Just Satisfaction, Execution of ECHR Judgments
Human Rights Law Criminal Law Freedom of Expression Defamation Criminal Conviction Just Satisfaction Execution of ECHR Judgments

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Parties

Sokolowski

Applicant

Poland

Respondent

Procedural Posture

Application to the European Court of Human Rights / Execution of Judgment and Closure by Committee of Ministers

Legal Issues

  1. 1 Whether the applicant's criminal conviction for defamation violated Article 10 of the European Convention on Human Rights
  2. 2 Whether the sentence imposed was necessary in a democratic society

Ratio Decidendi

The European Court found that the applicant's conviction and sentence for defamation were not necessary in a democratic society, as the statements concerned matters of public interest and the penalty imposed was disproportionate, thus violating Article 10 of the Convention.

Court Disposition

Case closed; execution of judgment completed.

Orders

  • Payment of EUR 4,000 for pecuniary damage and EUR 4,700 for costs and expenses to the applicant.
  • Removal of the applicant's conviction from criminal records.