I correctly predicted that there was a violation of human rights in PATRÍCIO MONTEIRO TELO DE ABREU v. PORTUGAL.
Information
- Judgment date: 2022-06-07
- Communication date: 2017-12-01
- Application number(s): 42713/15
- Country: PRT
- Relevant ECHR article(s): 10, 10-1
- Conclusion:
Violation of Article 10 - Freedom of expression-{general} (Article 10-1 - Freedom of expression)
Pecuniary damage - award (Article 41 - Pecuniary damage
Just satisfaction)
Non-pecuniary damage - finding of violation sufficient (Article 41 - Non-pecuniary damage
Just satisfaction) - Result: Violation SEE FINAL JUDGMENT
JURI Prediction
- Probability: 0.563755
- Prediction: Violation
Consistent
Legend
Communication text used for prediction
The application concerns the applicant’s criminal conviction for defamation subsequent to a publication in his blog.
The applicant is member of a political party and a town councillor of Elvas (Vereador da Câmara Municipal de Elvas).
He published in his blog caricatures of E.G., a political opponent.
The caricatures had first been published in a local newspaper, of which M.T.
was the Director.
The author of the caricatures was A.C. E. G. lodged a criminal complaint against the applicant, A.C. and M.T.
On 16 May 2014 the Elvas Court (domestic proceedings no.
145/09.1 TAELV) convicted the applicant for one crime of aggravated defamation and sentenced him to pay a 1,800 euros (EUR) penalty; the applicant, A.C. and M.T.
were ordered to pay jointly EUR 2,500 in non-pecuniary damages plus interest to E.G.
On 26 February 2015 the Évora Court of Appeal upheld the first instance decision.
That judgment was notified to the applicant on 2 March 2015.
QUESTION tO THE PARTIES Has there been a violation of the applicant’s right to freedom of expression, contrary to Article 10 of the Convention?