The Center Party filed a complaint with the ECHR in the Porto Franco case
The Center Party appealed to the European Court of Human Rights to appeal the decision of the State Court of Estonia in the Porto Franco case, which, according to the party, violates its fundamental rights and freedoms.
In the complaint, indicating various procedural violations, and is also disputed by both the conviction itself and the sentenced punishment. The interests of the Center Party in the ECHR are represented by jury lawyers Paul Keres and Andri Rokhtl, according to which there are a number of aspects in the decision of the State Court that can be regarded as a violation of articles 6, 7 and 11 of the European Convention on Human Rights.
As the jury Paul Keres noted, the conviction is incomprehensible already because the entrepreneur in a conversation with the then Secretary of the Center Party did not seek illegal advantage, his goal was to inform about arbitrariness from one of the city departments, which illegally demanded an overly high fee for easement. “The fact that the Department recognized the error and stopped unlawful actions in the legal state cannot be considered as the benefit, for which the influence was used. Therefore, this situation cannot be interpreted as a trade in influence. The interpretation is very controversial, according to which the actions of the city in accordance with the law are the provision of illegal advantages to the entrepreneur, ”Keres explained.
The text of the complaints of the Center Party separately emphasizes that when sentencing, the state court did not proceed from the circumstances of the case, but from the desire to limit the party’s activities. “Thus, the State Court violated the right of the Center Party, its members and voters to freedom of associations and political expression,” Keres said. – Even if the sanctions in relation to the party were justified, then they had to be minimally limited and not to undermine democracy. Such a measure as restriction of the party’s political activity can be proportional only if its activity threatens democracy or incites to violence, which in this case has not taken place. Consequently, the measures taken against the Center Party are disproportionate to those acts of which it is accused. ”
If the European Court of Human Rights agrees with the arguments submitted in the complaint, the case will be returned to the state court for re -consideration. “If the complaint is not accepted for consideration, then the case of the Center Party will become a precedent that not only all the political parties of the country, but also all private individuals and entrepreneurs interacting with state bodies will have to take into account,” Keres added.
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