CEDH · CASELAW;CLIN;ENG — 23 novembre 2023

.s3ABFC313 { font-size:10pt } .sD4B5322E { margin-top:12pt; margin-bottom:12pt; text-align:justify } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s65B66A85 { margin-top:12pt; margin-bottom:12pt } .s97EB40D9 { margin-top:12pt; margin-bottom:14pt; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s8B6C6D43 { margin-top:0pt; margin-bottom:0pt; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Legal summary November 2023 New Generation Humanitarian NGO v. Armenia (communicated case) - 5837/17   Article 6 Article 6-1 Access to court Dismissal of applicant NGO’s appeal on points of law by the Court of Cassation in defamation claim without an examination of the merits on account of underpaid court fees: communicated Article 8 Article 8-1 Respect for private life Dismissal of applicant NGO’s defamation claim in respect of newspaper article allegedly containing hate speech and discriminatory and insulting language due to its association with sexual minorities: communicated Article 13 Effective remedy Dismissal of applicant NGO’s defamation claim in respect of newspaper article allegedly containing hate speech and discriminatory and insulting language due to its association with sexual minorities: communicated Article 14 Discrimination Dismissal of applicant NGO’s defamation claim in respect of newspaper article allegedly containing hate speech and discriminatory and insulting language due to its association with sexual minorities: communicated The applicant is a non-governmental organisation which, inter alia , strives for the protection of sexual minorities. On 11 July 2014 the applicant NGO lodged a defamation claim against a local media company and its journalist because of an article published in the newspaper run by the company. The applicant alleged that the article had contained hate speech and discriminatory and insulting language tarnishing its reputation and targeting it solely because of its association with sexual minorities. The claim was dismissed at first-instance and on appeal. The applicant NGO lodged an appeal on points of law, which the Court of Cassation returned without examining the merits because the applicant had failed to attach the electronic copy of the appeal and to pay court fees. The applicant resubmitted the appeal within the new three-day time-limit but the Court of Cassation did not examine the merits again owing to underpaid court fees. No new time-limit to resubmit the appeal was set. The applicant NGO complains under Article 6 § 1 about lack of access to the Court of Cassation, arguing that the domestic law lacked clarity as regards the payment of court fees in the event of multiple claims. It further submits that, in any event, the restriction imposed on its right of access to the Court of Cassation was disproportionate since it was of purely technical nature. Relying on Article 14 in conjunction with Articles 10 and 11 of the Convention, the applicant NGO also complains that it fell victim to hate speech and discrimination by association because it defends rights of sexual minorities and that the domestic authorities failed to comply with their positive duties as they rejected its civil claim. The applicant further claims that it had no effective domestic remedy against discrimination either under civil or criminal law. Communicated   under Article 6 § 1, Article 8 taken alone or in conjunction with Article   14, and under Article 13.   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. To access legal summaries in English or French click here . For non-official translations into other languages click here .