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Jurist ECHR rules Bulgaria violated human rights by denying journalist access to acquittal judgment

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Dadparvar

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Nov 11, 2016
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The European Court of Human Rights ruled on Tuesday that Bulgaria violated the European Convention on Human Rights by denying a journalist access to the acquittal judgment of a former Minister of Internal Affairs in a high-profile criminal case.

The court found that Bulgaria’s refusal to provide access to the judgment violated Article 10 of the Convention, which guarantees the right to freedom of expression, including the right to receive and impart information. The case arose after journalist Galina Mariova Girginova requested access to the reasons for the acquittal of the former minister, who had faced charges for allegedly failing to supervise the misuse of covert surveillance equipment by subordinates. The Bulgarian authorities denied her request on the grounds that the case was classified due to its connection to state security matters.

The court emphasized that the public’s right to receive information is particularly important when it involves high-ranking officials and issues of significant public interest. The court noted that the case against the former minister pertained to alleged abuses of secret surveillance, a topic of ongoing public concern in Bulgaria. It ruled that the Bulgarian government’s decision to withhold access to the judgment was not necessary in a democratic society and that alternative means to protect classified information should have been considered.

The court further determined that Bulgaria violated Article 13 of the Convention, which guarantees the right to an effective remedy. Girginova had sought judicial review of the refusal but was unsuccessful, as the Bulgarian courts ruled that the Access to Public Information Act did not apply to judicial decisions. The court found that the domestic legal framework failed to provide an effective remedy to challenge the restriction on access to information.

In its decision, the court underscored the importance of judicial transparency and the role of the media in holding governments accountable. The judgment highlights concerns about press freedom and government transparency in Bulgaria. The country has faced repeated scrutiny over its handling of access to public information and alleged abuses of state surveillance powers.

Bulgaria is now required to take corrective measures to ensure compliance with the Convention. The government has yet to announce whether it will seek a review of the ruling or implement changes to its information access policies.

The post ECHR rules Bulgaria violated human rights by denying journalist access to acquittal judgment appeared first on JURIST - News.

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