VERY IMPORTANT SENTENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS ON THE FREEDOM OF EXPRESSION OF LAWYERS VERSUS THE RIGHT TO THE HONOR OF A JUDGE
Publicado el 24/11/2017
We understand that the aforementioned Judgment is mandatory reading for all lawyers. We limit ourselves to setting out the background of the case and the decision of the Court. A Spanish lawyer, in an appeal filed against a judicial decision contrary to the interests of his client, issued certain statements against the judge such as distorting "reality, lying without hesitation" among others. The lawyer was convicted of slander with a fine of € 30 per day for nine months, a sentence that was confirmed both by the corresponding Provincial Court and by the Constitutional Court. The lawyer did not acquiesce to the resolution and lodged an appeal with the European Court of Human Rights, which has had the opportunity to rule on the right to the judge's honor and that of the lawyer's freedom of expression, and thus in his sentence of dated January 12, 2016, it was considered that the statements made, although serious and discourteous, had been made in a document that only the judge and the parties knew, and what is more important are considered to be carried out within the context of defense of the interests of a client, understanding the High Court that the criminal conviction of the lawyer could produce a dissuasive effect on the lawyers in charge of defending the affairs of their clients, concluding that the Spanish criminal jurisdiction had not weighted in a balanced way between the need to guarantee the authority of the judicial power and the protection of the freedom of expression of the lawyer, reason why it considers that the article has been violated 10 of the Convention. The team of EntreLetrados.