Judgment concerning Bulgaria
In the case Bosev v. Bulgaria the Court held that there had been a violation of the right to a fair trial and a violation of the right to the freedom of expression.
The case concerned the conviction of a journalist for defamation of a senior Government official and, more specifically, doubts as to the impartiality of one of the judges having ruled on the charges laid against him on appeal.
The Court held that the appellate court had not constituted an “impartial tribunal” and that the manner in which the sanction had been imposed on the applicant in the present case had fallen short of securing one of the essential guarantees of a fair trial. It further held that the restriction on the applicant’s right to freedom of expression had not been accompanied by effective and adequate safeguards against arbitrariness.