Puolalaisen asianajajan rankaiseminen perättömästä ilmiannosta loukkasi sananvapautta

Rogalski v. Poland (no. 5420/16)

The applicant, Rafal Rogalski, is a Polish national who was born in 1976 and lives in Warsaw. He is a lawyer.

The case concerns Mr Rogalski’s lodging of a criminal complaint on behalf of a client in connection with an ongoing investigation into forged contracts. He was found guilty of making a criminal complaint without reasonable suspicion in the course of his legal work. He was fined and also had to pay costs.

Relying on Article 10 (freedom of expression) and Article 6 (right to a fair trial) of the European Convention, Mr Rogalski complains of the national courts’ finding him at fault for lodging what was for them an unsubstantiated criminal complaint. He also alleges that two judges of the High Disciplinary Court were biased.

Violation of Article 10

Just satisfaction:

• Pecuniary damage: 535 euros (EUR)
• Non-pecuniary damage: EUR 9,750
• Costs and expenses: EUR 550