Disputes stemming from bribery allegations in Bulgaria and the fall-out from the end of Communism in Poland and Romania come before human rights judges next week.
Bozhkov v. Bulgaria (application no. 3316/04)
Kasabova v. Bulgaria (no. 22385/03)
The applicants, Bozhidar Mihaylov Bozhkov, and Katya Georgieva Kasabova, are two Bulgarian journalists who, at the relevant time, lived and worked in Burgas (Bulgaria) for the leading national daily newspapers, Sega and Compass. They were born in 1968 and 1964, respectively. Both cases concern the applicants’ complaint about their convictions following articles they wrote in their respective newspapers in September 2000 alleging that officials on an education admissions’ committee had taken bribes for the selection of students to secondary schools in Burgas. They rely on Article 10 (freedom of expression) of the European Convention on Human Rights. Relying on Article 6 (right to a fair trial) and Article 1 of Protocol No. 1 (protection of property) to the Convention, Ms Kasabova also alleges that the proceedings leading to her conviction were unfair and that the fines she was ordered to pay were excessive.
Moczulski v. Poland (no. 49974/08)
Tomasz Kwiatkowski v. Poland (no. 24254/05)
The applicants are two Polish nationals, Robert Leszek Moczulski, who was born in 1930 and lives in Warsaw, and Tomasz Kwiatkowski, who was born in 1948 and lives in Konstancin-Jeziorna (Poland). Both cases concern so-called “lustration proceedings” brought against the applicants which, introduced in Poland in April 1997, aimed at exposing those who had worked for or collaborated with the State’s security services during the communist period. As a result, Mr Moczulski was barred from being a Member of Parliament and Mr Kwiatkowski, an advocate, was removed from the Bar Association. Relying on Article 6 §§ 1 and 3 (right to a fair trial), they allege that the lustration proceedings against them were unfair due to document confidentiality and limitations on access to their case files.
Pastor and Ţiclete v. Romania (nos. 30911/06 and 40967/06)
The applicants, Gheorghe Pastor and Roxana Ţiclete, are two Romanian nationals who were born in 1957 and 1967 respectively and live in Cluj-Napoca (Romania). The case concerns the violent crushing of an anti-communist demonstration held in Cluj-Napoca in December 1989. Ms Roxana Ţiclete’s husband, along with 25 others, was killed during the demonstration; Mr Pastor and 52 others were shot and received bullet wounds. Relying on Article 2 (right to life), Article 3 (prohibition of inhuman or degrading treatment) and Article 6 § 1 (right to a fair hearing), the applicants allege that the length of the criminal proceedings – ending in March 2006 – brought against those responsible for the violence was excessive and therefore rendered the whole investigation ineffective.






