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WyrokETPCz2025-03-04

Analiza orzeczenia

Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.

Zagadnienie prawne
Czy odmowa dostępu dziennikarce do uzasadnienia wyroku uniewinniającego byłego ministra, sklasyfikowanego jako zawierającego tajne informacje, naruszyła jej prawo do wolności wyrażania opinii (art. 10) oraz prawo do skutecznego środka odwoławczego (art. 13) Konwencji?
Stan faktyczny
Galina Mariova Girginova, bułgarska dziennikarka, została pozbawiona dostępu do uzasadnienia wyroku uniewinniającego byłego Ministra Spraw Wewnętrznych, Tsvetana Tsvetanova. Uzasadnienie to, dotyczące sprawy o rzekome nielegalne podsłuchy, zostało utajnione ze względu na zawartość szczegółów technicznych dotyczących sprzętu do tajnej inwigilacji. Jej wniosek o dostęp został odrzucony przez Sąd Miejski w Sofii, a skarga na tę decyzję została oddalona.
Rozstrzygnięcie
Trybunał stwierdził naruszenie art. 10 Konwencji. Trybunał stwierdził naruszenie art. 13 Konwencji. Trybunał zasądził 2,750 euro na pokrycie kosztów i wydatków.

Pełny tekst orzeczenia

issued by the Registrar of the Court   ECHR 061 (2025)   04.03.2025   Judgments of 4 March 2025   The European Court of Human Rights has today notified in writing 12 judgments1:   three Chamber judgments are summarised below;   nine Committee judgments, concerning issues which have already been examined by the Court, can   be consulted on Hudoc and do not appear in this press release.   The judgments summarised below are available only in English.   Girginova v. Bulgaria (application no. 4326/18)   The applicant, Galina Mariova Girginova, is a Bulgarian national who was born in 1986 and lives in   Sofia. She is one of the journalists at Sadebni Reportazhi, an online media organisation covering the   judiciary (https://judicialreports.bg/).   The case concerns the refusal to give her access to the reasons given for the acquittal of a former   Minister of Internal Affairs, Tsvetan Tsvetanov, whose criminal case for allegedly allowing unlawful   secret surveillance by some of his staff had been classified and heard in private. The reasons for the   acquittal had not been published online, as normally required under Bulgarian law. The Sofia City   Court refused her request on the basis that they contained technical details about the use of covert   surveillance equipment, which was classified information. Her claim for judicial review of that refusal   was dismissed.   The applicant complains that the refusal breached Article 10 (freedom of expression) of the   European Convention on Human Rights, and that she did not have an effective remedy in that   respect, as required by Article 13.   Violation of Article 10   Violation of Article 13   Just satisfaction: The applicant did not claim any sum in respect of pecuniary or non-pecuniary   damage. The Court awarded her 2,750 euros (EUR) in respect of cost and expenses.   K.M. v. North Macedonia (no. 59144/16)   The applicant, K.M., is a Macedonian/citizen of the Republic of North Macedonia who was born in   1999.   The case concerns the alleged failure of the State to protect K.M., a 14-year-old girl at the time, from   sexual abuse. She alleged that an employee of a telecommunications company, who had come to   her family home to restore their internet connection, had caressed her leg, touched one of her   breasts, massaged her shoulders and told her that men loved her because she had big breasts. He   Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber   judgment’s delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a   panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and   deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the   Convention, judgments delivered by a Committee are final.   Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.   Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution   had not threatened her, nor had he used any force. A criminal complaint brought by the applicant   was rejected. A subsequent civil complaint and claim for compensation under the Insults and   Defamation Act ended with the court concluding that there were no grounds for compensation. The   appellate court dismissed the applicant’s appeal, endorsing the lower court’s findings and   concluding that there was no statutory provision concerning civil liability which would cover the   applicant’s claim.   Relying on Article 1 of Protocol No. 12 (general prohibition of discrimination) to the European   Convention, K.M. complains that her right to protection from sexual assault had not been secured   and that, as a result, she had been left without any legal protection.   Violation of Article 8   Just satisfaction:   non-pecuniary damage: EUR 4,500   Milashina and Others v. Russia (no. 75000/17)   The applicant company was an editorial and publishing house registered in Moscow since 1998,   which edited and published the national newspaper Novaya Gazeta. The applicant, Yelena   Valeryevna Milashina, who was born in 1977, had been a staff journalist since 1997 and was the   editor in the newspaper’s special projects department. The applicant, Dmitriy Andreyevich Muratov,   who was born in 1961, was the chair of Novaya Gazeta’s editorial council (and its former   editor-in-chief) and also a 2021 Nobel Peace Prize winner (jointly with a Filipino journalist Maria   Ressa). The applicant, Sergey Nikolayevich Kozheurov, who was born in 1955, was one of the   founders of Novaya Gazeta and its editor-in-chief.   The case concerns verbal threats received by the applicants after they published articles revealing a   large-scale violent campaign that was reportedly run by the Chechen authorities against people   perceived to be homosexual.   Relying on Articles 10 (freedom of expression), 2 (right to life), and 8 (right to respect for private and   family life) of the Convention, the applicants complain that the authorities failed to take measures to   protect them even though they were independent journalists reporting on and exposing human   rights violations. They also allege that they were discriminated against in breach of Article 14   (prohibition of discrimination) because they were writing about the abduction and killing of people   perceived to be homosexual by the Chechen authorities.   Violation of Article 10 in respect of the applicant company and the individual applicants   Violation of Article 8 in respect of the individual applicants   Just satisfaction:   non-pecuniary damage: EUR 7,500 to the applicant company and EUR 9,800 to each of the individual   applicants   costs and expenses: EUR 5,585   This press release is a document produced by the Registry. It does not bind the Court. Decisions,   judgments   and   further   information   about   the   Court   can   be   found   on   https://www.echr.coe.int/home. To receive the Court’s press releases, please subscribe here:   www.echr.coe.int/RSS/en or follow us on X (Twitter) @ECHR_CEDH and Bluesky @echr.coe.int   Press contacts   [email protected]e.int | tel.: +33 3 90 21 42 08   We are happy to receive journalists’ enquiries via either email or telephone.   Tracey Turner-Tretz (tel.: + 33 3 88 41 35 30)   Denis Lambert (tel.: + 33 3 90 21 41 09)   Inci Ertekin (tel.: + 33 3 90 21 55 30)   Neil Connolly (tel.: + 33 3 90 21 48 05)   Jane Swift (tel.: + 33 3 88 41 29 04)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe member   States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.   3

© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 17.07.2026. · Źródło