Judgment 6950/13

Applicant name ABBASALIYEVA
Applicant type Natural person
Number of applicants 1
Application no. 6950/13
Date 27/04/2023
Judges Marko Bošnjak, President,
 Péter Paczolay,
 Krzysztof Wojtyczek,
 Alena Poláčková,
 Lətif Hüseynov,
 Gilberto Felici,
 Erik Wennerström
Institution Court
Type Judgment
Outcome Art. 8 Violation
Reason Positive obligation
Type of privacy Reputational privacy
Keywords Legitimate expectation of privacy
Facts of the case The applicant complained that the domestic courts’ failure to grant her claims against the newspaper had breached her right to her reputation as guaranteed by Article 8 of the Convention.
AnalysisThe disputed articles were published a few days after the applicant’s appointment as head physician. The domestic courts did not rule on whether they contributed to any debate on a matter of public interest. The main purpose of all the articles was to attack the applicant. The articles contained nothing whatsoever concerning the applicant’s professional skills as a physician, or any suggestion that she was unfit for the post of head physician. The domestic courts simply noted that holders of public posts, including doctors, should be more tolerant of criticism. However, the ECtHR points out, the applicant has ever sought any public attention.
Hence, the ECtHR concludes that the domestic authorities did not conduct an adequate balancing exercise between the applicant’s right to respect for her private life and the newspaper’s freedom of expression.
Other Article violation? No violation 6 or 8+14 ECHR
Damage awarded hat the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 4,500 (four thousand five hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
Documents Judgment