KONSTAS v. GREECE JUDGMENT
5
of the Introductory Law to the Code. Referring to the case-law of the
domestic courts, the Government argued that it was accepted in Greek law
that everyone had the right to be presumed innocent. Consequently, any
breach of that principle could entitle the injured party to compensation. On
that basis, the Government submitted that the applicant should have brought
a claim for damages before the domestic courts before lodging an
application with the Court.
25. On the merits, the Government submitted that the offending remarks
had been part of a political debate in Parliament on a subject of keen public
interest. The Government noted that the remarks had been made following
the applicant’s conviction at first instance. They argued that this was
particularly important in the circumstances because the criminal court had
convicted the applicant in proceedings that had offered all the guarantees of
a fair trial as safeguarded by Article 6 § 1 of the Convention. They affirmed
that the prime Minister had made a general reference to the case, without
mentioning any details making it possible to identify the applicant. In the
Government’s submission it was unreasonable to suggest that the reference
to the outcome of the criminal proceedings, made in the context of a
political debate, might undermine the principle of the presumption of
innocence. As to the Deputy Minister of Finance, the Government
submitted that the offending remarks had been uttered in the course of a
heated political debate, that the applicant’s name had not been mentioned
and that, in essence, the Deputy Minister had simply referred to the verdict
in the criminal proceedings. Lastly, the Government emphasised the time
that had elapsed between the remarks concerned and the examination of the
case on appeal. The case was still pending before the Court of Appeal, and it
followed, in the Government’s submission, that the court could not possibly
have been influenced by the remarks so long after they had been made.
(b) The applicant
26. The applicant submitted, first of all, that the domestic remedy the
Government referred to was not effective. In particular, he argued that
almost all the judicial decisions it had produced only concerned the civil
liability of journalists for defamation. He pointed out that none of the
decisions submitted to the Court acknowledged the liability of a member of
the Government for infringement of the presumption of innocence. One of
the judgments adduced even concerned a case where the exemption of
members of the Government from personal civil liability had been found by
the domestic courts to be constitutional, which confirmed his allegations.
Lastly, he argued that there was no available remedy by which he could
have asked the criminal court concerned to acknowledge that there had been
a breach of the presumption of innocence in his case.
27. As regards the merits, the applicant affirmed that the Prime Minister,
the Deputy Minister of Finance and the Minister of Justice had made