In today’s Chamber judgment in the case of M.L. v. Slovakia (application no. 34159/17) the European Court of Human Rights held, unanimously, that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights. The case concerned three 2006 newspaper articles about the applicant’s son – a former parish priest – after his passing, and the ensuing court proceedings. The articles had combined certain elements from the criminal case files of the applicant’s son’s convictions with frivolous and unverified statements, in particular around the man’s death and alleged confessions. The Court found in particular that a criminal conviction did not deprive a convicted person of his or her right to be forgotten, and the applicant’s son could not be deprived of the protections of Article 8. The articles in question had been sensationalist and had not made a contribution to the debate around sexual abuse by Catholic clergymen. The domestic courts overall had failed to adequately balance the freedom of expression of the newspapers with the applicant’s right to privacy. Den Rest des Beitrags lesen »
ECHR: Tabloid articles about Slovak woman’s deceased son violated her rights
Oktober 14, 2021 — Dr. Georg NeureitherEGMR: Conviction of author and editor for article’s remarks on Islam was excessive, breached their freedom of expression
Dezember 5, 2019 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Tagiyev and Huseynov v. Azerbaijan (application no. 13274/08) the European Court of Human Rights held, unanimously, that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights. The case concerned the applicants’ conviction for inciting religious hatred and hostility with their remarks on Islam in an article they had published in 2006. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment in Thursday 5 December 2019 – Tagiyev and Huseynov v. Azerbaijan (no. 13274/08)
November 28, 2019 — Dr. Georg NeureitherThe applicants, Rafig Nazir oglu Tagiyev and Samir Sadagat oglu Huseynov, are Azerbaijani nationals who were born in 1950 and 1975 respectively. Mr Tagiyev, now deceased, lived in Baku and was a well-known writer and columnist. Mr Huseynov lives in Lankaran (Azerbaijan) and used to work as editor-in-chief of Sanat Gazeti (Art Newspaper). The case concerns the applicants’ conviction for the publication of an article in November 2006 in Sanat Gazeti as part of a series written by Mr Tagiyev comparing Western and Eastern values. The article, entitled “Europe and us”, led to criticism by various Azerbaijani and Iranian religious figures and groups and to a religious fatwa calling for the applicants’ death. Den Rest des Beitrags lesen »
Religion – Weltanschauung – Recht [ RWR ] 