Cases

Kubaszewski v Poland

Facts

In March 2000, during a session of the Kleczew Municipal Council, the Applicant participated in a debate on the question of whether the Municipal Board had made appropriate use of its budget. He expressed doubts as to whether certain investments had been made as planned and stated that it was not clear which sums had been spent for which purpose and asked whether this manner of public spending did not amount to money laundering. A local newspaper published an article in which the applicant’s accusations against the Municipal Board were quoted. Proceedings were commenced against the Applicant which were successful. The Applicant was ordered to apologise. On appeal the Appeal Court found that most of the Applicant’s statements had fallen within the limits of permissible criticism and only his allusion to money laundering had gone beyond those limits, infringing the Board members’ personal rights.

Also