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Poland: Court declares inadmissible complaint about parliamentary corruption allegations

Human rights judges have today ruled inadmissible, an application complaining about a parliamentary report on corruption allegations.

The unanimous decision in the case of Kwiatkowski v. Poland (application no. 58996/11) is final.

The case concerns the adoption, by the Sejm (Polish Parliament), of a report concerning allegations of corruption in connection with the amendment of the Broadcasting Act. The report was alleged to have impugned the applicant’s reputation and to have constituted a criminal conviction, without affording him an effective remedy.

The applicant, Robert Kwiatkowski, is a Polish national who was born in 1961 and lives in Warsaw.

He was Chairman of the Board of Directors of the state television corporation from 1998 to 2004.

The European court found that the Sejm had not ruled on the applicant’s criminal liability but had expressed an opinion on his conduct as a public figure.

He had not been charged or convicted and no sanction had been imposed on him.

The court noted that the domestic courts had not rejected jurisdiction in respect of the protection of his reputation and had examined the case on the merits.

It further pointed out that the domestic authorities could not be held liable for acts of the press.

Lastly, the court took the view that the alleged interference with the applicant’s right to respect for his private life had not been disproportionate to the legitimate aims pursued.

 

 

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