GRA STIFTUNG GEGEN RASSISMUS UND
ANTISEMITISMUS v. SWITZERLAND JUDGMENT
1
In the case of GRA Stiftung gegen Rassismus und Antisemitismus
v. Switzerland,
The European Court of Human Rights (Third Section), sitting as a
Chamber composed of:
Helena Jäderblom, President,
Branko Lubarda,
Helen Keller,
Pere Pastor Vilanova,
Alena Poláčková,
Georgios A. Serghides,
Jolien Schukking, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having deliberated in private on 5 December 2017,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in an application (no. 18597/13) against the Swiss
Confederation lodged with the Court under Article 34 of the Convention for
the Protection of Human Rights and Fundamental Freedoms (“the
Convention”) by GRA Stiftung gegen Rassismus und Antisemitismus (“the
GRA Foundation against Racism and Anti-Semitism” — “the applicant
organisation”), on 13 March 2013.
2. The applicant organisation was represented by Mr A. Joset, a lawyer
practising in Liestal. The Swiss Government (“the Government”) were
represented by their Agent, Mr F. Schürmann.
3. The applicant organisation alleged, in particular, that the civil courts
had violated its right to freedom of expression by finding it liable for the
infringement of a politician’s personality rights.
4. On 12 October 2015 the application was communicated to the
Government.
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
5. The applicant is a non-governmental organisation which promotes
tolerance and condemns all types of racially motivated discrimination. It
was established under Swiss law and registered in Zürich.
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