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European Court of Human Rights cites Finland for violating freedom of expression


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The European Court of Human Rights yesterday found against Finland in two cases involving violations of freedom of expression.
      Both cases involved sentences handed down by Finnish courts to journalists for the content of their stories. The court found that the decisions interfered with freedom of the press.
     
The winners in the cases heard in Strasbourg were Seija Selistö, a journalist working for the Vaasa newspaper Pohjalainen, and Pekka Karhuvaara, the former editor-in-chief of the late-edition tabloid Iltalehti, who is currently CEO of the commercial television network MTV3.
      Lawyer Matti Wuori, who represented both journalists, was pleased with the decisions, calling them a "significant breakthrough".
     
The case involving Seija Selistö concerned a story she wrote in 1996 about a patient who died after routine surgery.
      The story, which was based on police investigation material, concerned a surgeon who had been intoxicated during the operation. The doctor was not identified by name.
      Both Vaasa District Court and the Vaasa Court of Appeals had found that Selistö had libelled the surgeon, and she was ordered to pay a fine. Pohjalainen was ordered to pay EUR 6,600 in damages for mental distress.
      The newspaper later agreed to abide by the decisions of the Finnish court; Selistö alone appealed the case to Strasbourg.
     
The case involving Iltalehti concerned the right to privacy of National Coalition Party MP Kirsti Ala-Harja.
      The newspaper had published a story about the drunken behaviour of her husband Pekka Ala-Harja, and a resulting criminal conviction.
      Vantaa District Court and the Helsinki Court of Appeals both found that the article should not have mentioned Kirsti Ala-Harja, who was awarded nearly EUR 30,000 in damages for violation of privacy.
     
In Tuesday’s decision the Finnish state was ordered to pay Selistö EUR 8,500 in damages for suffering caused by the violation of her freedom of expression. Finland was also ordered to pay court costs of EUR 23,000.
      Neither Iltalehti nor Karhuvaara were awarded any monetary damages, as the court found that a decision in their favour was sufficient. However, Finland will have to reimburse both Finnish and European court costs to the tune of EUR 65,000.


Helsingin Sanomat


  17.11.2004 - TODAY
 European Court of Human Rights cites Finland for violating freedom of expression

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