The case concerns a fine imposed on Mr Boronyák for having disclosed confidential information
concerning the terms of his contract with a private company. The contract contained a
confidentiality clause. He had been contracted to act in a television series which was produced by
Media Services and Support Trust Fund, a State-owned company, and therefore was an asset of the
State. He later gave an interview to investigative journalists concerning the contract.
Following court proceedings, he was ordered to pay 10,000,000 Hungarian forints and the
production company’s legal expenses.
Relying on Article 10 (freedom of expression) of the European Convention, Mr Boronyák complains
that the penalty was disproportionate.
No violation of Article 10
The applicant, Antonio Temporale, is an Italian national who was born in 1955.
The applicant in this case complains about the fact that his detention was maintained despite his
state of health, and about the quality of the care he received in prison. He submits that, despite
medical reports attesting to the seriousness of his health problems, he did not receive the necessary
medical care in detention and that, as a result, his condition gradually deteriorated. He considers
that this put his life at risk and that such conditions of detention were inhuman and degrading; he
relies in that regard on Articles 2 (right to life) and 3 (prohibition of inhuman or degrading
treatment) of the Convention.
Relying on Article 38 (obligation to furnish all necessary facilities for examination of the case) of the
Convention, he also considers that the Italian Government failed to provide the information
requested by the Court.
No violation of Article 3
No violation of Article 38
The applicants are 18 individuals who are Australian, Austrian, Bulgarian, Croatian, Fijian, German,
Italian, Polish, or Spanish nationals. They were born between 1964 and 1992. They are
16 Greenpeace activists and two journalists.
The case concerns the Polish Border Guard Service’s boarding of the Rainbow Warrior ship,
interrupting a protest being held at sea, the immobilisation of the applicants and their vessels, and
the arrest of two applicants and their being taken ashore.
Relying on Article 5 §§ 1, 2 and 4 (right to liberty and security), Article 10 (freedom of expression),
Article 11 (freedom of assembly and association) and Article 13 (right to an effective remedy) of the
Convention, and Article 2 §§ 1 and 3 of Protocol No. 4 (freedom of movement) to the Convention,
the applicants complain, in particular, of being corralled on the bow of the Rainbow Warrior or of
the arrest record in terms of their deprivation of liberty being unlawful and unjustified; that the
remedy before the Polish courts was ineffective; and that the intervention by the border guards
limited their rights to free expression and assembly.
Violation of Article 5 § 1 in respect of the detention of all the applicants from the evening of 9
September 2019 until the early morning of 10 September 2019;
Violation of Article 5 § 1 in respect of the first and the second applicants on account of the lack of
reasonable suspicion that they had committed an offence and their detention from the early
morning of 10 September 2019 until their release on 11 September 2019;
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