Lembergs is losing in the ECt’s case on the statements of minister Sprudz

The ECtHR declared a decision in the case « Lembergs vs. Latvia », rejecting his complaint about the possible violation of the European Convention on the Protection of Human Rights and Fundamental Freedoms, LETA informed the Ministry of Foreign Affairs.

In his complaint, ECHR Lembergs said that then Minister Sprudz, with his statements, has violated his right to the presumption of innocence in the program « 900 Seconds » on October 16, 2012. Namely, Lembergs, as the accused in criminal proceedings, in which the final judgment had not yet been declared, believed that the minister had already expressed his guilt in his public statements.

The ECtHR notes that the complaint concerns the minister’s statements regarding the resignation of Lembergs from the position of Chairman of the Ventspils City Council, and the reference to the criminal proceedings of public authorities, in particular the minister, led to his possible dismissal of « bonding » between criminal cases and dismissal. For this reason, the ECtHR concluded that Lembergs’ complaint was in the material and law of the Convention.

The ECHR then turned to the government’s argument that the complaint should be rejected because Lembergs had not exhausted national law remedies. The ECtHR assessed the government’s argument that Lembergs had not used the rights of the Criminal Procedure Law and turned to the proceedings of the proceedings asking for an assessment of whether a violation of the presumption principle of innocence in the particular situation regarding the statements of an official who is not involved in criminal proceedings.

The ECtHR concluded that Lembergs still has the opportunity to use it, given that criminal proceedings against him are still over. The ECtHR also noted that if Lemberg’s rights were recognized after the exhaustion of this mechanism, he could go to court on the basis of the decision in a civil law.

The ECtHR then turned to civil proceedings in connection with the possible offense of Lembergs’ honor and dignity. Namely, the ECtHR noted that Lembergs had brought a civil claim calling for the recall information that offends his honor and respect, and that the national courts have viewed the claim directly from this aspect. Although Lembergs also referred to the principle of the presumption of innocence, it was not the basis of his claim, and he had not brought a separate requirement.

The ECtHR recalls that if there is a remedy at national level, which allows national courts to deal with the essence of a person’s complaint about a possible infringement of the Convention, the person must dissolve that means of protection.

In order for the ECHR to recognize that the person has exhausted national law remedies, it must directly a complaint at national level regarding the alleged violation of the rights guaranteed by the Convention. The ECtHR emphasizes what it would be contrary to the principle of subsidiarity if a person at national level could refer to another basis and then submit a complaint to the ECtHR based on the rights guaranteed by the Convention.

Taking into account that Lembergs had not exhausted these remedies and, referring to the principle of subsidiarity, the ECHR unanimously concluded that his complaint should be rejected.

It has already been reported that Sprūdžs on LNT’s broadcast was asked to comment on the process he started to dismiss Lembergs from the position of Chairman of the Ventspils City Council. Among other things, the minister said Lembergs should receive a fair penalty and « the thief, just like in the film, should sit in prison ».

On May 27, 2013, Lembergs applied to the court, demanding to withdraw, in his opinion, the defamatory news of honor and respect, apologize and pay compensation for non -mantical harm. On January 22, 2018, the Riga Regional Court ruled in favor of the minister and rejected the claim. Lembergs appealed the verdict to the Senate, which refused to initiate cassation proceedings on November 9, 2018, and the ruling of the Riga Regional Court entered into force.

On January 9, 2019, Lembergs approached the ECHR for a possible violation of the Convention, claiming that the minister’s statements had violated his right to the presumption of innocence.