Refusal of the Greek parliament to lift the immunity of a minister for criminal prosecution for defamation of a well-known member of parliament. Violation of right of access to court
JUDGMENT
Bakoyanni v. Greece (application no. 31012/19) 20.12.2022
SUMMARY
The case concerned Ms Bakoyanni’s complaint that in 2018 she had not been able to follow through
with a criminal complaint against the then Minister of Defence for defamation because the Greek
Parliament had refused to lift his immunity. She lodged a complaint against the Minister after he had
posted a tweet criticising her attending the inauguration ceremony of the Turkish President.
The Court held in particular that the refusal to lift the immunity of the Minister had directly hindered
Ms Bakoyanni’s access to a court and therefore her ability to protect her reputation.
PROVISIONS
Article 6 par. 1
PRINCIPAL FACTS
The applicant, Theodora Bakoyanni, is a Greek national who was born in 1954 and lives in Athens.
She is a member of parliament.
In 2018 Ms Bakoyanni accepted an invitation to attend the inauguration of the President of Türkiye.
On the same day as she accepted, P.K., the then Minister of Defence, published a tweet that was
heavily critical of Ms Bakoyanni.
Ms Bakoyanni brought a criminal complaint, alleging verbal abuse and libel through the media.
As P.K. was a member of parliament, the case was referred to the Committee on Parliamentary
Ethics, ultimately with a view to lifting his immunity, which would allow prosecution. P.K. pointed
out to the Committee that he had been defence minister at the time, and so had special protection
under the Constitution (Article 86) and the relevant parliamentary regulations.
In its decision, the Committee stated that criminal proceedings could only be initiated by Parliament
against P.K. by virtue of his status at the time of the alleged events. Parliament ultimately did not do
so.
Ms Bakoyanni took a civil case against P.K., alleging posting of libellous tweets. In August 2019 the
First-Instance Court of Athens found for her, and ordered payment of 5,000 euros (EUR) in damages.
The court found that P.K.’s comments had gone beyond the reasonable limits of his right to criticise
– even in a severe tone – the decision to attend the inauguration of the Turkish President, and had
reached the point of attacking her character and damaging her honour. He had infringed her
personality rights. However, the court refused to make the judgment public in accordance with the
relevant legislation.
A civil appeal is pending before the First-Instance Court of Athens.
THE DECISION OF THE COURT…
The Court reiterated that the right of access to a court can be subject to limitations – such as
parliamentary immunity – which are proportionate and which have a legitimate aim. It noted that
pursuant to Article 86 of the Constitution Parliament had exclusive jurisdiction to initiate criminal
proceedings against a minister, within a brief time-limit.
Ms Bakoyanni had made a criminal complaint with a view to protecting her reputation. Key to this
would have been publication of the judgment in the case, which in respect of private individuals in
Greece had been possible only in criminal cases. The impossibility to initiate criminal proceedings
had denied her the chance to protect her reputation.
Furthermore, the Court noted that P.K.’s conduct with regard to Ms Bakoyanni – an allegedly
libellous tweet – had not been in any way related to his activities in his roles as a minister or a
parliamentarian.
The Court therefore concluded that the refusal to lift P.K.’s immunity had hindered Ms Bakaoyanni’s
access to a court, in violation of Article 6 § 1 of the Convention.
Just satisfaction (Article 41)
The Court held that Greece was to pay the applicant 5,000 euros (EUR) in respect of non-pecuniary
damage, and EUR 1,240 in respect of costs and expenses.
