Neighbors called ‘criminals and thieves’, punished her. The European Court of Court ruled in favor of a Croat

The European Court of Human Rights (ESJP) ruled for the benefit of a woman who was convicted of heavy shame because she called her neighbors, in front of three geodes, corrupt criminals and thieves who were paid by the mayor of the Municipality and Inspector. The court also ruled that Croatia violated its right to freedom of expression.

The applicant has previously been convicted of heavy disgrace before the Croatian Court before the ESJP, because she stated in the Geodetic Office in front of three geodes that her neighbors were « criminals and thieves, that they were corrupt and that they had soaked the late Mayor of Stubičke Toplice and all inspectors ». The court imposed a fine to her, which will not be executed if he does not commit a new criminal offense within a year.

The first -instance verdict was confirmed by the County Court, and the Constitutional Court dismissed her lawsuit. She complained to the court in Strasbourg that a conviction was violated by her right to freedom of expression. The International Court concluded that the Croatian courts did not evaluate the balance between the rights of the applicant well on the one hand and the rights of her neighbors to honor and reputation on the other.

They based their decisions on the fact that the statements could cause the applicants’ damage to the reputation and honor of her neighbors, without considering the content or context in which the statements were imposed, the Croatian representative’s office told the ESJP. Although the applicant’s statements were undoubtedly offensive and capable of damage to her neighbors, the ESJP found that the Croatian authorities did not take into account the circumstance that they were uttered in the presence of three persons in the private office and did not conduct an appropriate assessment of proportionality to determine whether such statements justified the implementation of the criminal proceedings or the initiation of litigation would be sufficient to protect and he saw her neighbors.

Therefore, the European Court of Justice concluded that the Croatian courts did not establish an appropriate balance between the rights of the applicant and the rights of her neighbors and awarded her a fee of 2,600 euros in the name of non -pecuniary damage and 890 euros for costs and expenditures.