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NISKASAARI AND OTAVAMEDIA OY v. FINLAND JUDGMENT
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION
25. The applicants made a complaint under Article 6 of the Convention,
alleging excessive length of the criminal proceedings brought against them.
26. Article 6 § 1 of the Convention reads in the relevant parts as follows:
“In the determination of ... any criminal charge against him, everyone is entitled to a
... hearing within a reasonable time by [a] ... tribunal ...”
27. On 9 August and 6 September 2012 the Court received friendly
settlement declarations signed by the parties under which the applicants
agreed to waive any further claims against Finland in respect of the alleged
excessive length of proceedings against an undertaking by the Government
to pay them 2,500 euros to cover any non-pecuniary damage as well as
1,000 euros (inclusive of value-added tax) to cover any costs and expenses,
which would be free of any taxes that might be applicable. These sums
would be payable within three months from the date of notification of the
decision taken by the Court. In the event of failure to pay these sums within
the said three-month period, the Government undertook to pay simple
interest on it, from the expiry of that period until settlement, at a rate equal
to the marginal lending rate of the European Central Bank during the default
period plus three percentage points. The payment would constitute the final
resolution of the case.
28. The Court takes note of the friendly settlement reached between the
parties. It is satisfied that the settlement is based on respect for human rights
as defined in the Convention and its Protocols and finds no reasons to
justify a continued examination of this part of the application. Accordingly,
it is appropriate to strike out of the list the complaint as to the alleged
excessive length of the domestic legal proceedings.
II. ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION
29. The applicants complained under Article 10 of the Convention that
their freedom of expression had been violated. In their submission, there
had been no legitimate reason to interfere with their freedom of expression
and the interference had not been necessary in a democratic society.
30. Article 10 of the Convention reads as follows:
“1. Everyone has the right to freedom of expression. This right shall include
freedom to hold opinions and to receive and impart information and ideas without
interference by public authority and regardless of frontiers. This Article shall not
prevent States from requiring the licensing of broadcasting, television or cinema
enterprises.
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