Source: All England Reporter
Publisher Citation: [2016] All ER (D) 02 (Dec)
Court: European Court of Human Rights (Grand Chamber)

Judges Raimondi (President), Sajó, Karakas, Guerra, Trajkovska, Nußberger, Zupancic Vucinic, Pardalos, Yudkivska, Sicilianos, Keller, Potocki, Pejchal, Turkovic, Spano and Kjølbro

Judgment Dates: 8 November 2016


Human rights - Freedom of expression - Denial of access to information - Applicant non-governmental organisation complaining of violation of freedom of expression by police departments' refusal to provide names of defence counsel and number of assignments - Whether matter complained of falling within freedom of expression - Whether any interference with freedom of expression being justified - European Convention on Human Rights, art 10.

The Case

Human rights Freedom of expression. The European Court of Human Rights held that, in assessing whether and to what extent the denial of access to information constituted an interference with an applicant's freedom of expression rights, the relevant considerations were: (i) the purpose of the information request; (ii) the nature of the information sought; (iii) the role of the applicant; and (iv) the readiness and availability of the information. The refusal to provide the applicant non-governmental organisation with the names and number of assignments of public defenders by police departments violated art 10 of the European Convention on Human Rights.

Practice Areas

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