Monday, 20 October 2014

Recently communicated complaints concerning alleged defamation of a Portuguese TV presenter and mistreatment by Bulgarian police

The European Court of Human Rights has recently communicated the following two complaints:

Sousa Goucha v Portugal 

The applicant is a well-known male television presenter in Portugal. Since 2008, it has been publicly known that he is gay.

On 28 December 2009 one of the channels of the national television service (RTP2) broadcast a live talk-show. In the course of the programme, during a quiz, the following question was asked to the guests: 'Who is the best Portuguese female TV presenter?' The possible answers to the question included the name of three female TV presenters and the applicant’s (which was designated as the correct one).

The applicant was unsuccessful in the domestic courts with regard to his complaint that he was the victim of defamation and insults. 

In his complaint to the European Court of Human Rights, the applicant relies on Article 14 of the Convention, taken with Article 8, to complain that he has been discriminated against by the domestic courts on the grounds of his homosexuality.

Kostadinov v Bulgaria

The applicant, along with more than 80 other people, was arrested during the first Gay Pride event in Sofia in 2008. 

The arrests were made in the context of a heavy police presence at the event as a result of threats of violence against gay men and lesbians from far-right groups. 

The applicant claims he showed no sign of aggression towards the participants of Gay Pride and had no intention to be violent towards them. 

In his complaint to the European Court of Human Rights, the applicant submits that the circumstances of his arrest - in particuar the fact that he was forced to remain for 30 minutes on the ground before the eyes of many passers-by and journalists, the unwarranted use of force against him, his transport to the police station and detention for more than nine hours in undignified conditions - amount to inhuman and degrading treatment contrary to Article 3 of the Convention. 

Under Article 3 of the Convention he also complains that the authorities have failed in their obligation to conduct an effective investigation into his allegations of abuse.







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