Information Note on the Court’s case-law No.
September-October 1991
Helmers v. Sweden - 11826/85
Judgment 29.10.1991
Article 6
Article 6-1
Public hearing
In a private prosecution for defamation, joined with an action for damages, first-instance judgment upheld by Court of Appeal without a public hearing: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ARTICLE 6 § 1 OF THE CONVENTION
A.Scope of case
Applicant's earlier application declared inadmissible by the Commission.
Conclusion: no jurisdiction of the Court to examine applications (unanimous).
B.Applicability of Article 6 § 1
Article 6 § 1 applicable to the joined proceedings: although it does not guarantee a right for the individual to institute a criminal prosecution himself, here such a right was afforded by Swedish law and applicant availed himself thereof in order to protect his reputation; his right to enjoy a good reputation has a "civil" character and outcome of both sets of proceedings was decisive for it.
C.Compliance with Article 6 § 1
Manner of application of Article 6 to proceedings before courts of appeal depends on special features of the domestic proceedings viewed as a whole.
Having regard to entirety of proceedings before Swedish courts, to role of Court of Appeal, to nature of issues submitted to it – which included serious questions regarding both facts and application of law and in particular the issue of the defendants' guilt or innocence – and to seriousness of what was at stake for applicant, no special features to justify absence of public hearing.
Conclusion: violation (eleven votes to nine).
II.ARTICLE 50 OF THE CONVENTION
Claims for pecuniary damage rejected as no causal link established between alleged damage and breach of Convention. Claim for non-pecuniary damage partially accepted.
Conclusion: Sweden to pay specified sum for non-pecuniary damage (unanimous).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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