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WyrokETPCz2025-03-04
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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
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Court
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Press contacts
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We are happy to receive journalists’ enquiries via either email or telephone.
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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