European Court of Human Rights Issues Notable Rulings on Freedom of Expression and Detention Conditions in favour of Lavrentios Lavrentiadis

The European Court of Human Rights (ECHR) delivered several significant judgments today, addressing issues ranging from freedom of expression to the treatment of detainees with serious health conditions.

Greek Journalists' Convictions Overturned

In a landmark decision, the ECHR ruled in favor of two Greek nationals, Vassilios Koutsoliontos and Spyridon Pantazis, who had been convicted of malicious defamation and insult by domestic courts. Koutsoliontos, owner and editor of the local newspaper "Proïnos Logos" in Ioannina, and Pantazis, director of the town’s Historical Monuments Department, faced legal action after publishing an article critical of a former mayor, referred to as F.F.

The article criticized F.F.'s opposition to a development project concerning the Oase building. Greek courts had previously determined that the publication defamed and insulted F.F., ordering the applicants to pay €15,000 in damages. However, the ECHR found that this judgment violated Article 10 of the European Convention on Human Rights, which protects freedom of expression. The Court emphasized that the applicants' right to express their opinions had been unjustly curtailed and awarded them compensation for pecuniary damages.

Detention of Ailing Greek Businessman Deemed Inhumane

In another significant ruling, the ECHR addressed the case of Lavrentios Lavrentiadis, a Greek businessman suffering from juvenile rheumatoid arthrosis, a severe autoimmune disease causing significant mobility issues. Arrested in March 2012 on charges including fraud and embezzlement, Lavrentiadis was detained in Korydallos Prison, where his health deteriorated due to inadequate medical care.

The Court found multiple violations in this case: the excessive duration of pre-trial detention without adequate judicial review breached Article 5 § 4 (right to a speedy review of detention's lawfulness); the conditions of his detention, given his health status, violated Article 3 (prohibition of inhuman or degrading treatment); and the lack of effective remedies to address these grievances contravened Article 13 (right to an effective remedy). The ECHR awarded Lavrentiadis €6,000 in non-pecuniary damages and €8,000 for costs and expenses.

Additional Judgments

The ECHR also issued rulings in several other cases:

• Rokas v. Greece: The Court found that the national authorities' delay in conducting proceedings led to defamation and false accusation charges becoming time-barred, violating the right to a fair hearing within a reasonable time under Article 6 § 1.

• Nabil and Others v. Hungary: The detention of three Somali nationals pending deportation was deemed unlawful after they had applied for asylum, violating Article 5 § 1 (right to liberty and security).

• Bordenciu v. Romania: The Court held that the applicant's detention conditions, characterized by severe overcrowding and lack of hygiene, amounted to degrading treatment, breaching Article 3.

These judgments underscore the ECHR's role in upholding fundamental human rights across its member states, particularly concerning freedom of expression and the humane treatment of detainees.