RUBINS v. LATVIA JUDGMENT
7
(see the Relevant domestic law part, paragraph 29 below) and disagreed that
the applicant’s dismissal had created “unjustified consequences”
(nepamatotas sekas) or caused non-pecuniary damage simply because the
applicant had expressed legitimate concerns about the reorganisation of the
University and about the way its financial resources were used. The court’s
reasoning in that regard read as follows:
“[The appeal court], on the basis of experience and logic, finds that a calm and
positive atmosphere and a respectful attitude among colleagues best contribute to
achieving constructive dialogue.
Having analysed the above-mentioned evidence, the [appeal court] considers that
nothing prevented the applicant from expressing his opinion in a manner compatible
with ethics and the staff regulations”.
27. The applicant submitted an appeal on points of law, disputing, inter
alia, the appeal court’s findings to the effect that, by sending one
confidential letter to one recipient (namely the Rector of the University), in
which he had raised points concerning the unjustified use of funds from the
State budget, he had committed an infringement of work-related rules and
ethics of such gravity as to justify his dismissal. The applicant also invoked
in this connection that he had an obligation to inform the society about the
unjustified use of funds, therefore the appellate court had erred in finding
that the impugned email was unethical. The applicant’s appeal on points of
law was rejected by the Senate of the Supreme Court in a preparatory
meeting on 26 September 2012.
C. Criminal proceedings
28. On 27 September 2010 the Rector of the University sought to
institute criminal proceedings against the applicant for extortion. The
criminal proceedings were instituted on 30 January 2012 on the basis of
section 183 of the Criminal Law (extortion) and the applicant was ordered
not to leave his permanent residence for more than twenty-four hours
without the permission of the competent investigative authority. The
criminal proceedings were discontinued on 9 February 2012 for lack of
corpus delicti. The decision to discontinue the criminal proceedings stated,
inter alia, that according to the linguistic expert’s conclusions the impugned
email contained clearly expressed demands to pay a certain amount of
money as well as undisguised threats to disclose disreputable information
about [the Rector] prior to the meeting of the Senate. It also noted that the
email demonstrated the applicant’s wish to act selfishly, either in order to
maintain his post or to receive a significant amount in compensation for the
termination of his employment contract. However, as the Rector’s attitude
demonstrated that the threats were not perceived as real, the court ruled that
the criminal proceedings should be terminated and that the Rector had the
right to institute defamation proceedings.
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