FIRST SECTION
\nCASE OF DIMITRAS v. GREECE
\n(Application no. 11946\/11)<\/p>\n
JUDGMENT
\nSTRASBOURG
\n19 April 2018<\/p>\n
FINAL
\n19\/07\/2018<\/p>\n
This judgment has become final under Article 44 \u00a7 2 of the Convention. It may be subject to editorial revision.<\/p>\n
In the case of Dimitras v. Greece,<\/strong><\/p>\n The European Court of Human Rights (First Section), sitting as a Chamber composed of:<\/p>\n Kristina Pardalos, President, Having deliberated in private on 27 March 2018,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1.\u00a0\u00a0The case originated in an application (no. 11946\/11) against the Hellenic Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) by a Greek national, Mr Panayotis Dimitras (\u201cthe applicant\u201d), on 8 February 2011.<\/p>\n 2.\u00a0\u00a0The applicant was represented by Greek Helsinki Monitor, a non-governmental organisation based in Glyka Nera, Athens. The Greek Government (\u201cthe Government\u201d) were represented by their Agent\u2019s delegate, Ms A. Magrippi, legal representative A at the State Legal Council.<\/p>\n 3.\u00a0\u00a0The applicant complained under Article 6 that his right of access to a court and his right to have his case heard within a reasonable time had been violated. He also complained that he had not had at his disposal an effective remedy for his complaint concerning the reasonable-time requirement.<\/p>\n 4.\u00a0\u00a0On 5 July 2016 the above-mentioned complaints were communicated to the Government and the remainder of the application was declared inadmissiblepursuant to Rule 54 \u00a7 3 of the Rules of Court.<\/p>\n THE FACTS<\/strong><\/p>\n I.\u00a0\u00a0THE CIRCUMSTANCES OF THE CASE<\/p>\n 5.\u00a0\u00a0The applicant was born in 1953 and lives in Glyka Nera. He is the executive director of the non-governmental organisation \u201cGreek Helsinki Monitor\u201d.<\/p>\n 6.\u00a0\u00a0On 26 January 2007, 11 February 2007 and 7 March 2007, Greek Helsinki Monitor published on its website some press releases, in which, inter alia, it welcomed the concluding observations of the UN Committee on the Elimination of Discrimination Against Women (CEDAW) for Greece and criticised the domestic authorities\u2019 responses to them.<\/p>\n 7.\u00a0\u00a0On 4 March 2007, E.T., in her capacity as General Secretary for Gender Equality of the Ministry of Interior, Public Administration and Decentralisation, gave an interview which was published in a magazine included with a Sunday newspaper. In that interview the following statement was put to her:<\/p>\n \u201cGreek Helsinki Monitor accuses you of withholding information and lying before the UN about the position of Roma women, minority women, and whether polygamy is practiced in Greece.\u201d<\/p>\n E.T. gave the following answer:<\/p>\n \u201cWhat they claim is extremely unfair. They lay the country open to criticism (\u03b5\u03ba\u03b8\u03ad\u03c4\u03bf\u03c5\u03bd\u03c4\u03b7\u03c7\u03ce\u03c1\u03b1) \u2013 because what they claim is false. No other NGO shares the Monitor\u2019s position. We, in our report, may not have fully documented everything, but no one can claim that Greece is an entirely patriarchic country and that nothing has been done all these years.\u201d<\/p>\n 8.\u00a0\u00a0On 1 April 2007 the same newspaper published a reply sent by the applicant, as executive director of Greek Helsinki Monitor, to E.T.\u2019s comments, in which he asked E.T. to document her statements. On 1\u00a0June 2007 the applicant lodged a criminal complaint with the publicprosecutor at the Athens First-Instance Court. He submitted that E.T. in the above-mentioned interview had made false statements about Greek Helsinki Monitor which amounted to slander committed through the press. The applicant expressed his wish to join the proceedings as civil party, initially for the amount of 100,000 euros (EUR), which he later reduced to EUR\u00a044.<\/p>\n 9.\u00a0\u00a0Following an urgent preliminary inquiry, to which E.T. was requested to provide a statement as a suspect in the case, on 10 January 2008 the public prosecutor at the Athens Court of First Instance dismissed the applicant\u2019s criminal complaint and filed (\u03b1\u03c1\u03c7\u03b5\u03b9\u03bf\u03b8\u03ad\u03c4\u03b7\u03c3\u03b5) it away, in accordance with Article\u00a047 of the Code of Criminal Procedure. In particular, the prosecutor considered that the above-mentioned statements made within the context of the interview, did not constitute facts but value judgments and in any event, they did not overcome the necessary threshold of similar exchanges between various bodies. The prosecutor also added that Greek Helsinki Monitor had used the same expression, that is to say it had described statements included in reports prepared by the Greek Government as \u201cfalse\u201d, in various press releases, in a much more heated tone.<\/p>\n 10.\u00a0\u00a0On 6 February 2008, following an appeal by the applicant against the order by which his criminal complaint was filed away, the public prosecutor at the Athens Court of Appeal ordered E.T.\u2019s criminal prosecution for slander made through the press, considering that the above-mentioned statements were susceptible of harming the applicant\u2019s honour and reputation, not only individually, but also as representative of Greek Helsinki Monitor.<\/p>\n 11.\u00a0\u00a0On the basis of the above, E.T. was indicted and 25\u00a0June 2008 was set as the hearing date before the three-member Athens Magistrates\u2019 Court. On 26\u00a0May 2008 E.T. appealed against her indictment. On 17 June 2008 her appeal was dismissed by the Athens Council of Magistrate Judges.<\/p>\n 12.\u00a0\u00a0The new hearing date before the three-member Athens Magistrates\u2019\u00a0Courtwas set for 18\u00a0September\u00a02008. On that date, at the beginning of the hearing of the case, E.T. raised for the first time an objection concerning lack of competence of the trial court, arguing that her status as a lawyer meant she couldnot have hercase heard by a three-member magistrates\u2019court. By judgment no. 53833\/08 published on the same date, the said court declared itself not to have competence and referred the case to the three-member Athens Court of Appeal for misdemeanours (hereafter the \u201cCourt of Appeal\u201d). On 28\u00a0November 2008 the operative part of the judgment was corrected and on 6\u00a0April 2009, the casefile was transmitted to the prosecution service at the Athens Court of Appeal, marked as extremely urgent.<\/p>\n 13.\u00a0\u00a0The new hearing date was set for 13 May 2009. On that date, the applicant\u2019s lawyer sent a letter to the court, requesting that the hearing be postponed as he could not attend it owing to other professional obligations. Additionally, K.D., a journalist who had interviewed E.T., had not been present and the applicant submitted that he considered her testimony essential. As a result, the Courtof Appeal by its judgment no.\u00a04044\/09 postponed the hearing until 5 October 2009, citing a material witness\u2019s absence as the reason. On 5 October 2009 the case was not heard because the courts hadnot beensitting owing to the parliamentary elections that had taken place the previous day.<\/p>\n 14.\u00a0\u00a0The case was again set for hearing on 17\u00a0February 2010. On that date, E.T.\u2019s lawyer submitted certificate no. 2063\/2010 of the Greek Parliament, according to which E.T. had been elected as a deputy in the parliamentary elections of 4\u00a0October2009. On that basis, he applied to the court to have the proceedings suspendedin accordance with Article\u00a062 of the Constitution in order for Parliament to give permission. The applicant objected to the suspension and filed written submissions in which he argued, inter alia, that it was not necessary for Parliament to grant leave for the criminal proceedings against E.T. as the acts for which she was accused had not taken place in the course of her parliamentary activities. He cited in that connection the Court\u2019s cases Tsalkitzis v.\u00a0Greece (no.\u00a011801\/04, 16\u00a0November2006) and Syngelidis v. Greece (no.\u00a024895\/07, 11\u00a0February2010). He further stressed that the impugned acts would become time\u2011barred on 4 September 2010 and requested that the court proceed with examination on the merits of the case.<\/p>\n 15.\u00a0\u00a0The Court of Appeal, after having held deliberations in camera, published judgment no. 1656\/2010 by which it suspended the criminal proceedings against E.T. until the Greek Parliament had granted leave and, if such leave were not granted or if no action were taken in the three\u2011month period from the submission of the prosecutor\u2019s request to the Greek Parliament, until her status asa parliamentarianended. In respect of Article\u00a062 of the Constitution and the applicant\u2019s objection, the domestic court held the following:<\/p>\n \u201c… In addition, since Parliament has not granted leave, the prosecution is declared inadmissible if it concerns an offence committed when the defendant was a member of parliament. If, however, criminal proceedings were initiated prior to that, when the defendant was not a member of parliament, then they are suspended until the said leave is granted or until the defendant\u2019s status as a parliamentarian ends … It should be noted that in the present case no matter arises concerning the interpretation of Articles 61, 62 and 20 \u00a7 1 of the Constitution … and of Article 6 \u00a7 1 of the Convention, so as for the court to rule that Parliament\u2019s leave is not required to conduct this trial because the above-mentioned act did not take place, according to the civil claimant\u2019s allegations, in the context of her parliamentary duties. That is because the prosecutable offence (slander for an interview that the defendant gave to a newspaper in her capacity as General Secretary for Gender Equality of the Ministry of Interior, Public Administration and Decentralisation) clearly does not concern a private dispute; it should be examined if it relates and is linked to the political activity of the defendant-deputy and in general to the exercise of her parliamentary duties. However, examination of this matter and, eventually, any conclusion thereof can only be carried out by the competent authority, the Greek Parliament…\u201d<\/p>\n 16.\u00a0\u00a0The decision was published on the date of the hearing, that is to say 17\u00a0February2010,and was finalised (i.e. entered in a special book at the registry of the criminal court)on 10 August 2010. On 13\u00a0August2010 the applicant lodged anapplication with the public prosecutor of the Court of Cassation requesting anexamination of points oflaw of the said judgment. His request was rejected on the grounds that the Court of Appeal had rightly suspended the proceedings so that Parliament could grant leave, in accordancewith Article 62 of the Constitution. On 19\u00a0August2010 the casefile was transferred to the public prosecutor of the Court of Cassation, who the next day sent it to the Minister of Justice. On 23\u00a0August 2010 the Minister of Justice transferred the casefile to the Greek Parliament.<\/p>\n 17.\u00a0\u00a0On 24 October 2010 the Special Permanent Committee of Parliamentary Ethics of the Greek Parliament, having takena deposition from E.T., ruled unanimously that the requirements of Article 83 \u00a7 3 had been met and thus E.T.\u2019s immunity should not be lifted. On 12\u00a0January2011 the Plenary of the Greek Parliament dismissed the request for leave to continue the criminal proceedings. On 1 March 2011 the public prosecutor at the Court of Cassation notified the public prosecutor at the Court of Appeal of the outcome of Parliament\u2019s vote on granting leave.<\/p>\n 18.\u00a0\u00a0On 16 July 2012 the head of the General Directorate of Human Resources of the Greek Parliament notified the Ministry of Justice that E.T. had ceased to be member of parliament since 11 April 2012. On 26\u00a0October2012 the Court of Appeal published judgment no. 8658\/2012 in which it considered that the offence of which E.T. was accused had become time\u2011barred as more than forty-two months had passed since itsalleged commission. It consequently ended the criminal prosecution. The judgment was finalised on 21 March 2013.<\/p>\n II.\u00a0\u00a0RELEVANT DOMESTIC LAW AND PRACTICE<\/p>\n A.\u00a0\u00a0Greek Constitution<\/strong><\/p>\n 19.\u00a0\u00a0The relevant Articles of the Constitution read as follows:<\/p>\n Article 53<\/p>\n \u201c1.\u00a0Deputies are elected for four consecutive years starting on the day of the general election…\u201d<\/p>\n Article 61<\/p>\n \u201c1.\u00a0Under no circumstances may a deputy be prosecuted or be examined on the basis of an opinion expressed or a vote taken in the exercise of her or his parliamentary functions. …<\/p>\n 2.\u00a0A member may be prosecuted only for slander, according to the law, after Parliament has granted leave …\u201d<\/p>\n Article 62<\/p>\n \u201c1.\u00a0A deputy cannot be prosecuted, arrested, detained or restrained in any other way during a parliamentary session without the permission of Parliament …\u201d<\/p>\n B.\u00a0\u00a0Parliamentary Regulations<\/strong><\/p>\n 20.\u00a0\u00a0The relevant Article of the Parliamentary Regulations reads as follows:<\/p>\n Article 83<\/p>\n \u201c1. Requests made by the public prosecutor\u2019s service for granting leave to initiate criminal prosecution against a deputy, in accordance with Articles 61 \u00a7 2 and 62 \u00a7 1 of the Constitution, are submitted to Parliament by the Minister of Justice, after having been examined by the prosecutor at the Court of Cassation, and are recorded in a special register according to their order of introduction.<\/p>\n 2. Following the submission of the above-mentioned requests, the President of Parliament refers them to the Parliamentary Ethics Committeein accordance with Article 43A \u00a7 1 (g).<\/p>\n 3. The Committee, after hearing the member in question, if the latter wishes, … shallexamine on the basis of the attachments to the application, whether the act for which lifting of immunity is requested is related to the political activities of the deputy, if there are political motives behind the criminal prosecution or if its purpose is to undermine the authority of Parliament or that of the deputy or to substantially interfere with the exercise of the deputy\u2019s duties or to influence the functioning of Parliament or the parliamentary group of which the deputy is a member…\u201d<\/p>\n C.\u00a0\u00a0Law no. 1092\/1938<\/strong><\/p>\n 21.\u00a0\u00a0The relevant Articles of Law no. 1092\/1938 concerning slander committed through press read as follows:<\/p>\n Article 3<\/p>\n \u201c1. The abuse of freedom of the press with a view to committing a felony or a misdemeanour shall be considered an aggravating circumstance. In these cases, where the law provides disjunctively for a sentence of deprivation of liberty or a fine, an offence that has been committed through the press shall be punished with both sentences.\u201d<\/p>\n Article 48 (47)<\/p>\n \u201cOffences committed through the press shall be time-barred eighteen months after they were committed. This deadline shall be suspended for as long as, in accordance with a legal provision, criminal prosecution cannot be initiated or continue for the duration of the main proceedings until the sentencing judgment becomes irrevocable. In any event, the period of suspension cannot be more than two years.\u201d<\/p>\n D.\u00a0\u00a0Criminal Code<\/strong><\/p>\n 22.\u00a0\u00a0The relevant Articles of the Criminal Code read as follows:<\/p>\n Article 362 \u201cAnyone who by any means disseminates information to a third party concerning another which may harm the latter\u2019s honour or reputation shall be punished by up to two years\u2019 imprisonment or a pecuniary penalty. The pecuniary penalty may be imposed in addition to imprisonment.\u201d<\/p>\n Article 363 \u201c1.\u00a0If, in a case under Article 362, the information is false and the offender was aware of its falsity, he or she shall be punished by at least three months\u2019\u00a0imprisonment, and, in addition, a pecuniary penalty may be imposed and deprivation of civil rights under Article 63 may be ordered.\u201d<\/p>\n E.\u00a0\u00a0Code of Criminal procedure<\/strong><\/p>\n 23.\u00a0\u00a0The relevant Article of the Code of Criminal Procedure reads as follows:<\/p>\n Article 47 \u201c1. The public prosecutor shall examine the criminal complaint and if he or she considers that it has no legal basis, or that it is not subject to judicial assessment, or that it is unfounded on its merits, he or she shall reject it by means of a duly reasoned order which shall be served on the complainant.<\/p>\n 2. If a preliminary investigation or preliminary measures in accordance with Article 243 \u00a7 2 or a sworn administrative investigation was conducted and the public prosecutor considers that there is not sufficient evidence to initiate criminal proceedings, she or he shall act as described in the preceding paragraph.<\/p>\n …\u201d<\/p>\n THE LAW<\/strong><\/p>\n I.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION ON ACCOUNT OF ACCESS TO A COURT<\/p>\n 24.\u00a0\u00a0The applicant complained that the Greek parliament\u2019s refusal to waive E.T.\u2019s parliamentary immunity and the allegedly committed offence\u2019s becoming time-barred had breached his right of access to a court, as provided in Article 6 of the Convention, which, in so far as relevant, reads as follows:<\/p>\n \u201cIn the determination of his civil rights and obligations … everyone is entitled to a fair … hearing … by [a] … tribunal …\u201d<\/p>\n A.\u00a0\u00a0Admissibility<\/strong><\/p>\n 25.\u00a0\u00a0The Government claimed that the application should be rejected as manifestly ill-founded, or otherwise owing to lack of victim status or owing to lack of an arguable claim for the purposes of Articles 6 and 13 of the Convention. In support of their objections, the Government submitted that the applicant did not have a legitimate expectation for a successful outcome of his criminal complaint against E.T. In addition, they claimed that no omissions or delays could be attributed to the domestic authorities and therefore, the application should be rejected as a whole.<\/p>\n 26.\u00a0\u00a0The Court considers that the Government\u2019s objections refer to the merits of the application and should therefore be examined under that head. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 \u00a7 3 (a) of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.<\/p>\n B.\u00a0\u00a0Merits<\/strong><\/p>\n 1.\u00a0\u00a0The applicant\u2019s arguments<\/em><\/p>\n 27.\u00a0\u00a0The applicant argued that the domestic authorities had not acted with expedition in the circumstances of the present case, and that they had knowingly let the statute of limitations expire. It had been the acts and omissions of the relevant authorities which had led to theoffence\u2019s becoming time-barred. In particular, the authorities should not have suspended the proceedings in order to obtain leave from Parliament to continue the prosecution of E.T., as the offence had been committed prior to E.T.\u2019s election as a member of parliament. In addition, the authorities had failed to finalise judgment no. 1656\/2010 by which it had suspended the criminal proceedings against E.T. until the Greek Parliament had granted leave on time, as it had been published on 17 February 2010 and had been finalised on 10 August 2010, thus making it impossible for Parliament to consider the request before the offence had becometime-barred.<\/p>\n 28.\u00a0\u00a0As regards the exact date the offence became time-barred, the applicant initially submitted that the offence became time-barred on 4\u00a0September 2010. In his subsequent observations, he argued that the final judgment no.\u00a08658\/2012 issued by the Court of Appeal, which had held that the offence had been time-barred, had included several mistakes in its reasoning, which proved in his view that there hadbeen no legal certainty as to how the statute oflimitations hadhad to be applied in this case. In particular, he drew the Court\u2019s attention to another possible date on which the offence might have become time-barred, arguing that E.T.\u2019s parliamentary immunity had acted as a temporary procedural barrier, and therefore the statute of limitations had been suspended for the whole period E.T. had been a deputy. According to that version, the offence of which E.T. had been accused ofhad becometime-bared on 4\u00a0April 2013.<\/p>\n 29.\u00a0\u00a0Lastly, the applicant did not deny that he had the right to lodge an action for non-pecuniary damage before the civil courts in order to obtain compensation. However, citing the Court\u2019s case-law with regard to the exhaustion of domestic remedies (Tsalkitzis v. Greece, no. 11801\/04, \u00a7\u00a7\u00a032\u201134, 16 November 2006), the applicant argued that he had made normal use of the remedies available in domestic law and he was not obliged to lodge an action for damages before the civil courts in addition to his civil-party claim to the criminal proceedings. In any event, he hadbeen informed that the offence of which E.T. had been accused had become time-barred only on 26\u00a0October 2012 in the hearing before the Court of Appeal and he had been able to read the relevant judgment only on 4 April 2013. By that time, it had no longer been possible to lodge an action for non-pecuniary damage before the civil courts, as the relevant claim had become time-barred on 4 March 2012.<\/p>\n 2.\u00a0\u00a0The Government\u2019s arguments<\/em><\/p>\n 30.\u00a0\u00a0As regards the offence\u2019s becoming time-barred, the Government argued that that was a legitimate restriction of one\u2019s right of access to a court ensuring legal certainty and finality, protecting potential defendants from stale claims which might be difficult to counter and preventing the injustice which might arise if courts were required to decide upon events which had taken place in the distant past on the basis of evidence which might have become unreliable and incomplete because of the passage of time. As regards the short statutory time-limitof offences committed through the press, the Government argued that it had been instituted so as to ensure the unimpeded functioning and freedom of the press. The competent public prosecutor\u2019s offices made sure that the offences would not be time-barred by marking the relevant casefiles as extremely urgent.<\/p>\n 31.\u00a0\u00a0In respect of the specificities of the present case, the Government submitted that the offence of which E.T. was accused had become time-barred on 4 September 2010 pursuant to Article 48(47) of Law no.\u00a01092\/1938, which provided that offences committed through the press became time-barred eighteen months after they had been committed, or, if the main proceedings had been initiated against the perpetrator, forty-two months after they had been committed. In any event, in the present case there had been no unjustified delays which could be held against the domestic authorities and thus be the basis for a finding of a violation owing to the allegedly committed offences becoming time-barred. On the contrary, the domestic authorities had acted with expedition and the applicant\u2019s complaint had been scheduled to be heard thirteen months after its lodging. Even after E.T.\u2019s unexpected objection concerning lack of competence of the trial court, the case had been brought before the competent court promptly. Therefore, domestic authorities had done everything in their power to hear the case in good time and consequently, Article 6 \u00a7 1 had not been violated.<\/p>\n 32.\u00a0\u00a0The Government further submitted that the applicant had had at his disposal another equally effective remedy, namely that of lodging an action with the civil courts in order to request compensation for any pecuniary and non-pecuniary damage he might have suffered owing to the actions of E.T. The applicant\u2019s claim before the civil courts, which he did not pursue, became time-barred five years after the events at issue took place, that is to say on 4\u00a0March 2012.<\/p>\n 3.\u00a0\u00a0The Court\u2019s assessment<\/em><\/p>\n 33.\u00a0\u00a0The Court notes at the outset that the applicant, considering that he had been defamed by E.T.\u2019s statements, had lodged a complaint against her and had joined the subsequent criminal proceedings as a civil party, requesting initially EUR 100,000, a figure which he later reduced to EUR\u00a044. From that moment, those proceedings covered a civil right \u2013 namely the right to the protection of his reputation \u2013 to which the applicant could, on arguable grounds, claim to be entitled (see Cordova (no.\u00a01), cited above, \u00a7 49).<\/p>\n 34.\u00a0\u00a0The Court observes that the applicant complained that his right of access to a court had been impeded owing to two different reasons, namely the refusal of Parliament to lift E.T.\u2019s immunity and the offence\u2019s becoming time-barred, which the applicant considers to have taken place on account of delays and inactions by the domestic authorities. It additionally notes that the parties devoted the largest part of their submissions to the refusal of Parliament to lift E.T.\u2019s immunity. In the Court\u2019s view, however, if the offence had become time-barred before Parliament had hada chance to consider the request to have E.T.\u2019s parliamentary immunity lifted, then the subsequent refusal of that political body wouldhave played no role in the applicant\u2019s right of access to a court. It is, therefore, crucial to clarify the exact date on which the offence became time-barred.<\/p>\n 35.\u00a0\u00a0In this regard, the Court notes that initially both parties agreed that the offence of which E.T. had been accused had become time-barred on 4\u00a0September2010, that is tosay forty-two months after it had been allegedly committed, pursuant to Article 48(47) of Law no. 1092\/1938. It also notes that the Courtof Appeal in its judgment no. 8658\/2012, and notwithstanding any factual or legal mistakes that the applicant attributed to that judgment which are not for this Court to examine, held that the offence had become time-barred forty-two months after its alleged commission. In addition, at the hearing of 26\u00a0October\u00a02012 before that court, the applicant via his lawyer conceded that the offence had becometime-barred. Taking into account the material in its possession, and notably the observations of both parties and judgment no.\u00a08658\/2012 of the Courtof Appeal, the Court accepts that the offence of which E.T. was accused became time-barred on 4\u00a0September 2010.<\/p>\n 36.\u00a0\u00a0As regards the applicant\u2019s complaint that in the domestic system there wasuncertainty insofar as the date of the offenceof which E.T. was accused became time-barred, as proceedings could have been suspended for as long as she remained a member of the Parliament, theCourt notes that in his application form the applicant solely complained on account of the acts and omissions of the domestic authorities which, in his view, had led to theoffence\u2019s becoming time-barred. The complaint concerning the foreseeability of the offence\u2019s becoming time-barred was first mentioned by the applicant on his letter dated 21 December 2017 and therefore should be rejected as having been lodged outside of the time-limit of six months.<\/p>\n 37.\u00a0\u00a0In view of the above-mentioned conclusion regarding the date the offence became time-barred, the Court considers that any subsequent events, such as the refusal of Parliament to lift E.T.\u2019s immunity, did not have any bearing to the applicant\u2019s complaint concerning his right of access to a court and will therefore limit its examination only to the facts prior to 4 September 2010.<\/p>\n 38.\u00a0\u00a0The Court reiterates that the right of access to a court secured by Article 6 \u00a7 1 of the Convention is not absolute, but may be subject to limitations; these are permitted by implication since the right of access by its very nature calls for regulation by the State. In this connection, the Contracting States enjoy a certain margin of appreciation, although the final decision as to the observance of the Convention\u2019s requirements rests with the Court. It must be satisfied that the limitations applied do not restrict or reduce the access left to the individual in such a way or to such an extent that the very essence of the right is impaired. Furthermore, a limitation will not be compatible with Article 6 \u00a7 1 if it does not pursue a legitimate aim and if there is not a reasonable relationship of proportionality between the means employed and the aim sought to be achieved (seeBaka v. Hungary [GC], no. 20261\/12, \u00a7 120, ECHR 2016, andAl-Dulimi and Montana Management Inc.v. Switzerland [GC], no. 5809\/08, \u00a7 129, ECHR 2016).<\/p>\n 39.\u00a0\u00a0While there is no right under Article 6 of the Convention to a particular outcome of criminal proceedings (see Withey v. the United Kingdom (dec.), no. 59493\/00, ECHR 2003-X), there is indisputably a right to have one\u2019s case heard by a court within a reasonable time once the judicial process has been set in motion (see Kart v Turkey, \u00a7\u00a068).<\/p>\n 40.\u00a0\u00a0In this regard, the Court notes that in a number of cases it has found a violation when the closure of the criminal proceedings and the failure to examine the civil action were due to circumstances attributable to the judicial authorities, including excessive delays in the course of proceedings which led to the offence\u2019s becomingtime-barred (see Rokas v. Greece, no.\u00a055081\/09, \u00a7\u00a7 22-24, 22 September 2015; Korkolis v. Greece, no.\u00a063300\/09, \u00a7\u00a7 21-25, 15 January 2015; Atanasova v. Bulgaria, no.\u00a072001\/01, \u00a7\u00a7 44-47, 2 October 2008; and Anagnostopoulos v. Greece,no.\u00a054589\/00, \u00a7\u00a7 31-32, 3 April 2003).<\/p>\n 41.\u00a0\u00a0The Court additionally notes that in other cases in which a civil party\u2019s complaint was not examined on account of the inadmissibility of the criminal complaints to which it was attached, the Court attached importance to the accessibility and effectiveness of other judicial remedies available to applicants, notably any actions before the civil courts (see Forum Maritime S.A. v. Romania, nos. 63610\/00 and 38692\/05, \u00a7 91, 4 October 2007). In the cases in which it considered that the applicants did have such remedies, it concluded that there had been no violation of the right of access to a court (see Assenov and Others v. Bulgaria, 28 October 1998, \u00a7 112, Reports of Judgments and Decisions 1998\u2011VIII I; Ernst and Others v. Belgium,no.\u00a033400\/96, \u00a7\u00a7 53-55, 15 July 2003; Moldovan and Others v. Romania (no. 2), nos. 41138\/98 and 64320\/01, \u00a7\u00a7 119-122, ECHR 2005\u2011VII (extracts); and Lacerda Gouveia and Others v. Portugal, no. 11868\/07, \u00a7\u00a080, 1\u00a0March2011).<\/p>\n 42.\u00a0\u00a0The Court further notes that the applicant did not dispute the limitation periods as such. Rather, his complaint addressed mostly what he considered to be \u201comissions\u201d or \u201cacts\u201d on the part of the judicial authorities, who had knowingly allowed the limitation period to expire, in violation of Article 6\u00a0\u00a7\u00a01 of the Convention (see Lacerda Gouveia and Others, cited above, \u00a7\u00a074). In particular, the applicant drew the Court\u2019s attention mainly to two elements which, in his view, proved the domestic authorities\u2019negligence: firstly, the decision of the Courtof Appeal, by which the proceedings had been suspended until Parliament granted leave to continue the prosecution of E.T. and the time that had elapsed from the date that judgment had been published on 17 February 2010 until it had been finalised on 10 August 2010. The Court will examine whether the above-mentioned elements amount to \u201cnegligence\u201don the part of the domestic authorities within the meaning of the Anagnostopoulos case-law mentioned above, while bearing in mind that it is not its function to deal with errors of fact or law allegedly committed by a national court unless and in so far as they may have infringed rights and freedoms protected by the Convention (see Garc\u00eda Ruiz v. Spain [GC], no. 30544\/96, \u00a7 28, ECHR 1999\u2011I).<\/p>\n 43.\u00a0\u00a0In respect of the first element, the Court notes that a system of prior leave in order to lift a deputy\u2019s immunity cannot per se be considered as contrary to the Convention. In the Court\u2019s judgments Tsalkitzis and Syngelidis (both cited above), bothrelied on by the applicant, the Court concluded that violations of Article 6 \u00a7 1 of the Convention hadoccurred on account of Parliament\u2019s refusal to lift a deputy\u2019s immunity, and not on account of the domestic courts\u2019 decision to suspend the proceedings in order to obtain Parliament\u2019s leave to initiate criminal proceedings. In view of the above, the Court does not discern any element of arbitrariness in the domestic court\u2019s decision to suspend the proceedings. As regards the period of eight months that passed from the publication until the finalisation of that decision, the Court notes that even though it is undoubtedly long, it cannot be considered in itself unreasonable or the cause of the offence of which E.T. was accused subsequently becoming time-barred. In any event, the Court underlines that domestic law suspends the deadline leading to a particular offence becoming time-barred when a criminal prosecution cannot continue in accordance with a legal provision (see paragraph 21 above).<\/p>\n 44.\u00a0\u00a0Turning to the examination of the procedure as a whole until 4\u00a0September 2010, when the offence of which E.T. was accused became time-barred, the Court notes that the delay in the proceedings was the result of the decisions of the prosecuting and judicial authorities as well as of the negligence or inaction of the same authorities, as was the case in the above-mentioned judgments in which the Court concluded that the right of access to a court had been infringed (see Rokas, \u00a7 24; Korkolis, \u00a7\u00a7\u00a023-24; Atanasova, \u00a7\u00a7 44-47; and, Anagnostopoulos, \u00a7\u00a7 31-32,all cited above). Indeed, the Court notes that that the delay was mostly the result of appeals against some of the decisions of the prosecuting authorities, such as the decision by which the applicant\u2019s criminal complaint was initially dismissed or the decision by which E.T. was indicted, or due to some unforeseen events, such as E.T.\u2019s objection concerning the court\u2019s competence or the domestic courts\u2019 recess on account of the parliamentary elections. In those circumstances, the Court considers that it is difficult to speak of procedural deficiencies in the context of the proceedings at issue at least until 4\u00a0September2010, when the offence of which E.T. was accused became time-barred.<\/p>\n 45.\u00a0\u00a0The present case, therefore, is distinguishable from the case Anagnostopoulos (cited above), in which the Court concluded that there had been a violation of Article 6 \u00a7 1 of the Convention as it had identified several delays and criticised the domestic authorities for long periods during which no action had been taken. On the contrary, the Court notes that in the present case the domestic authorities, following the applicant\u2019s criminal complaint, conducted urgent preliminary enquiries and that in every step of the procedure marked the casefile as urgent, taking all available steps to prevent the offence becoming time-barred.<\/p>\n 46.\u00a0\u00a0The Court additionally notes that, according to the Government\u2019s submissions, which were not rebutted by the applicant, the latter had had at his disposal another remedy to claim compensation for the damage allegedly caused to his reputation, namely an action before the civil courts, which had become time-barred only on 4 March 2012. It was the applicant\u2019s choice not to pursue that remedy, even though he was aware that the criminal offence was to become time-barred imminently, as proven by his submissions before the Courtof Appeal at the hearing of 17\u00a0February 2010. The Court recalls that in similar cases it found no violation of the right of access to a court when it considered that the applicant, whose civil party\u2019s complaint was not examined on account of the inadmissibility of the criminal complaints to which it was attached, had other accessible and effective remedies at his disposal (see paragraph 41 above and the cases cited therein).<\/p>\n 47.\u00a0\u00a0In the light of the foregoing considerations, the Court cannot conclude that the applicant was deprived of his right of access to a court. There has been, therefore, no violation of Article 6 \u00a7 1 of the Convention on account of the applicant\u2019s right of access to a court.<\/p>\n II.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLES 6 AND 13 OF THE CONVENTION ON ACCOUNT OF THE LENGTH OF THE PROCEEDINGS AND THE LACK OF AN EFFECTIVE REMEDY IN THAT RESPECT<\/p>\n 48.\u00a0\u00a0The applicant complained that the length of the proceedings before the domestic courts had been incompatible with the \u201creasonable time\u201d requirement laid down in Article 6 \u00a7 1 of the Convention. He also complained that at the time, there hadbeen no effective remedy in Greece for his complaint concerning the length of the proceedings. He relied on Articles 6 \u00a7 1 and 13 of the Convention, which, in their relevant parts read as follows:<\/p>\n Article 6 \u00a7 1<\/p>\n \u201cIn the determination of his civil rights and obligations … everyone is entitled to a … hearing within a reasonable time by [a] … tribunal …\u201d<\/p>\n Article 13<\/p>\n \u201cEveryone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.\u201d<\/p>\n 49.\u00a0\u00a0The Court notes that these complaints are not manifestly ill-founded within the meaning of Article 35 \u00a7 3 of the Convention. It further notes that they are not inadmissible on any other grounds. They must therefore be declared admissible<\/p>\n A.\u00a0\u00a0Period to be taken into consideration<\/strong><\/p>\n 50.\u00a0\u00a0The period to be taken into consideration started on 1 June 2007, the date on which the applicant lodged the criminal complaint and expressed his wish to join the proceedings as a civil party (see L.E.v. Greece, no.\u00a071545\/12, \u00a7\u00a092, 21 January 2016). It ended on 26 October 2012, when the Courtof Appeal published judgment no.\u00a08658\/2012 in which it considered that the offences of which E.T. was accused had become time-barred. In this regard, the Court notes that the parties erroneously maintained that the relevant period had ended when judgment no.\u00a08658\/2012 hadbeen finalised. The Court reiterates its case-law according to which when domestic law does not provide for service of judgments, as in the present case, then the date on which the parties may actually find out their content must be taken into consideration (see Papachelas v. Greece [GC], no. 31423\/96, \u00a7 30, ECHR 1999\u2011II). The proceedings at issue were criminal proceedings, in which the competent authorities published their judgment on the date of the hearing, so the parties were immediately informed that the offence of which E.T. was accused had become time-barred. Therefore, the period to take into consideration ended on 26\u00a0October2012 and the proceedings lasted in total five years and almost five months for one instance.<\/p>\n B.\u00a0\u00a0Reasonableness of the length of the proceedings<\/strong><\/p>\n 51.\u00a0\u00a0The Government submitted that certain periods should be deducted from the overall time that the proceedings lasted, and that what remained could not be considered excessive. In particular, they argued that the period from 10 August 2010 until 12 April 2012 \u2013 when proceedings hadbeen suspended until Parliament granted leave for the prosecution of E.T \u2013 should not be taken into account. They also maintained that the delay caused by E.T., who made known her capacity as a lawyer and objected to the trial court\u2019s jurisdiction when the case had already been scheduled to be heard, should not be attributed to the Government. The same considerations applied also to the adjournment that took place following the applicant\u2019s request which caused a further delay.<\/p>\n 52.\u00a0\u00a0The applicant contested the above-mentioned arguments. In particular, he argued that the whole period of five years and five months should be taken into account as all the delays should be attributed to the domestic authorities. In particular, he argued that the conduct of E.T., who had objected to the competence of the trial court for the first time on 18\u00a0September 2008, causing a significant delay in the proceedings, could not be attributed to him. He also maintained that he could not be held accountable for the adjournment that had taken place owing to the absence of an important witness and that the domestic authorities could have set the hearing dates closer the one to another.<\/p>\n 53.\u00a0\u00a0The reasonableness of the length of proceedings must be assessed, in accordance with well-established case-law, in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicants and the relevant authorities and what was at stake for the applicants in the dispute (see, among many other authorities, Frydlender v. France [GC], no. 30979\/96, \u00a7 43, ECHR\u00a02000\u2011VII; Lupeni Greek Catholic Parish and Others v. Romania [GC], no.\u00a076943\/11, \u00a7 143, ECHR 2016 (extracts); and Michelioudakis v.\u00a0Greece, no. 54447\/10, \u00a7\u00a7 42 – 43, 3 April 2012).<\/p>\n 54.\u00a0\u00a0The Court has examined on many occasions cases raising the issue of excessive length of criminal proceedings with a civil party claim and concluded that there had been a breach of Article 6 \u00a7 1 (see the pilot judgment Michelioudakis, cited above, and the cases cited therein at \u00a7\u00a7\u00a068\u201170).<\/p>\n 55.\u00a0\u00a0Turning to the circumstances of the present case, the Court reiterates that it does not observe any excessive delays on the part of the authorities before 4 September 2010, when the offence of which E.T. was accused became time-barred (see paragraph 44 et seq. above). However, and without ignoring the complexity of the present case, the Court notes that more than two years passed from the date the offence became time-barred until judgment no. 8658\/2012 of the Courtof Appeal was published holding that the offence had become time-barred. In the Court\u2019s view, however, such a delay for what was merely a procedural decision was excessive. The Court also notes that the Government did not adduce any argument as to why it had been necessary for the domestic courts to wait until E.T.\u2019s status as a parliamentarianhad ended to then hold a hearing in order to rule that the offence had become time-barred. Having regard to its case-law on the subject, the Court considers that the Government have advanced no fact or argument justifying a different conclusion in the present case. Therefore, in the instant case the overall length of the proceedings was excessive and failed to meet the \u201creasonable time\u201d requirement.<\/p>\n 56.\u00a0\u00a0Accordingly, there has been a breach of Article 6 \u00a7 1 of the Convention.<\/p>\n 57.\u00a0\u00a0Turning to the applicant\u2019s complaint under Article 13 of the Convention, the Court reiterates that Article 13 guarantees an effective remedy before a national authority for an alleged breach of the requirement under Article 6 \u00a7 1 to hear a case within a reasonable time (see Kud\u0142a v.\u00a0Poland [GC], no. 30210\/96, \u00a7 156, ECHR 2000\u2011XI).<\/p>\n 58.\u00a0\u00a0Moreover, the Court has already had the opportunity to observe that the Greek legal system did not offer the interested parties at the material time an effective remedy within the meaning of Article 13 of the Convention enabling them to complain about the length of proceedings (see, among many other authorities, Michelioudakis, cited above, \u00a7 54). In the light of the foregoing considerations, the Court finds that there has been a violation of Article 13 of the Convention in that the applicant had no domestic remedy whereby he could enforce his right to a \u201chearing within a reasonable time\u201d as guaranteed by Article 6 \u00a7 1 of the Convention.<\/p>\n III.\u00a0\u00a0APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/p>\n 59.\u00a0\u00a0Article 41 of the Convention provides:<\/p>\n \u201cIf the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.\u201d<\/p>\n A.\u00a0\u00a0Damage<\/strong><\/p>\n 60.\u00a0\u00a0The applicant claimed 5,000 euros (EUR) in respect of non\u2011pecuniary damage.<\/p>\n 61.\u00a0\u00a0The Government contested the sum requested by the applicant and argued that it was excessive and unjustified in view of the particularities of the case and of the financial situation of Greece.<\/p>\n 62.\u00a0\u00a0The Court, taking into consideration the nature of the violation found and the need to determine the amount in such a way that the overall sum is compatible with the relevant case-law and is reasonable in the light of what was at stake in the proceedings in question (see Arvanitaki-Roboti and\u00a0Others v. Greece [GC], no. 27278\/03, \u00a7 36, 15\u00a0February2008) awards the applicant EUR 3,000 in respect of non-pecuniary damage.<\/p>\n B.\u00a0\u00a0Costs and expenses<\/strong><\/p>\n 63.\u00a0\u00a0The applicant also claimed EUR 1,000 for the costs and expenses incurred before the Court, asking for it to be deposited directly in the bank account of his representative\u2019s organisation, Greek Helsinki Monitor.<\/p>\n 64.\u00a0\u00a0The Government argued that the amount should be rejected.<\/p>\n 65.\u00a0\u00a0According to the Court\u2019s case-law, an applicant is entitled to the reimbursement of costs and expenses only in so far as it has been shown that these have been actually and necessarily incurred and are reasonable as to quantum (see Stoica v. Romania, no. 42722\/02, \u00a7 141, 4 March 2008). In the present case, regard being had to the documents in its possession and the above criteria, the Court considers it reasonable to award the sum of EUR\u00a0600 for costs and expenses in the proceedings before the Court. This sum will be paid into the bank account of Greek Helsinki Monitor (see L.E.\u00a0v.\u00a0Greece, no. 71545\/12, \u00a7 107, 21 January 2016).<\/p>\n C.\u00a0\u00a0Default interest<\/strong><\/p>\n 66.\u00a0\u00a0The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1.\u00a0\u00a0Declares the complaint regarding the foreseeability of the legislation in respect of statutory limitations of the offences in questionas inadmissible and the rest of the application admissible;<\/p>\n 2.\u00a0\u00a0Holds that there has been no violation of Article 6 \u00a7 1 of the Convention on account of the applicant\u2019s right of access to a court;<\/p>\n 3.\u00a0\u00a0Holdsthat there has been a violation of Article 6 \u00a7 1 of the Convention on account of the length of the proceedings;<\/p>\n 4.\u00a0\u00a0Holds that there has been a violation of Article 13 of the Convention;<\/p>\n 5.\u00a0\u00a0Holds<\/p>\n (a)\u00a0\u00a0that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article\u00a044\u00a0\u00a7\u00a02 of the Convention, the following amounts:<\/p>\n (i)\u00a0\u00a0EUR 3,000 (three thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;<\/p>\n (ii)\u00a0\u00a0EUR 600 (six hundred euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses, to be deposited directly to the bank account of his representative;<\/p>\n (b)\u00a0\u00a0that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;<\/p>\n 6.\u00a0\u00a0Dismisses the remainder of the applicant\u2019s claim for just satisfaction.<\/p>\n Done in English, and notified in writing on 19 April 2018, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and 3 of the Rules of Court.<\/p>\n Abel Campos\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Kristina Pardalos
\nLinos-Alexandre Sicilianos,
\nAle\u0161 Pejchal,
\nKrzysztof Wojtyczek,
\nArmen Harutyunyan,
\nTim Eicke,
\nJovan Ilievski, judges,
\nand Abel Campos, Section Registrar,<\/p>\n
\nDefamation<\/p>\n
\nSlander<\/p>\n
\nRejection of the criminal complaint<\/p>\n
\nRegistrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n