Criminal conviction for defamation of politicians through interviews violates the right to freedom of expression
JUDGMENT
Makraduli v. ‘the former Yugoslav Republic of Macedonia”19.07.2018 (no. 64659/11 and 24133/13)
SUMMARY
In two interviews given by the applicant as an opposition official, he accused a member of the ruling party and head of the Security Service that he had exploited the police forces to win the stock exchange and that his prime minister and cousins participated in the sale of public land for the construction of a hotel . He was twice sentenced by a national criminal court to a fine for the defamation of a ruling party for abuse of power and that he supported the prime minister’s participation in the sale of land for the construction of a hotel. Violation of freedom of expression.
PROVISION
Article 10
PRINCIPAL FACTS
The applicant, Jani Makraduli, is a Macedonian national who was born in 1965 and lives in Skopje.
The case concerned the applicant’s complaint about being found guilty of defamation.
The first of the two applications concerns events which began in December 2007. Mr Makraduli, at the time an opposition politician for the party SDMS, raised the question at a press conference of whether S.M., a member of the ruling party and head of the Security and Counter Intelligence Agency, had misused police wiretapping powers to make gains on the stock market. S.M. brought private libel proceedings against the applicant, who was found guilty in November 2009 of defamation and fined 1,500 euros. The decision was upheld on appeal while a constitutional appeal by Mr Makraduli was dismissed in February 2011.
The second application concerns a press conference given by Mr Makraduli in September 2007. He alleged the involvement of the Prime Minister or his cousins in the sale of public land for the construction of a hotel. S.M., who was the Prime Minister’s cousin, brought libel proceedings. The court in February 2011 found that it was clear that the applicant had directed his allegations against S.M., even if he had not named him, but the court found that the accusations were false. It found Mr Makraduli guilty of defamation and fined him 1,000 euros, a decision that was upheld on appeal in May 2011. A constitutional complaint by Mr Makraduli was dismissed in September 2012.
Relying on Article 10 (freedom of expression) of the European Convention, Mr Makraduli complained about his criminal convictions for defamation.
THE DECISION OF THE COURT
Violation of Article 10
Just satisfaction: EUR 1,500 (non-pecuniary damage) and EUR 1,020 (costs and expenses)(echrcaselaw.com editing).
