14
RUBINS v. LATVIA JUDGMENT
transparency in the restructuring of the University and that those who did
not oppose it were afraid of losing their jobs.
(c) Whether the interference was necessary
56. The applicant further emphasised that nothing in the impugned email
could be interpreted as unethical and at odds with good morals, as he had
merely indicated his intention to publish true information, namely the
conclusions adopted by the State Audit Office concerning the
mismanagement of public finances at the University, and it was his duty to
inform society thereof. He contended that the authorities had failed to prove
that the content of the email overstepped the bounds of remarks that “shock,
offend and disturb”.
57. The applicant also contended that the domestic courts had failed to
strike a fair balance and had erred in finding that the impugned email
contained unlawful requests. Firstly, he alleged that although the two
requests included in the email had been addressed to the Rector, the
applicant had nevertheless referred to “the University” in brackets, thus
making clear that the Rector was a senior official of the University who, in
accordance with the Constitution of the University, had the right of veto
over Senate decisions. Secondly, he argued that his request to settle the
dispute with the University had been based on his employment contract,
which stated that all disputes were to be settled by mutual agreement. In this
connection the applicant raised objections against the expert’s findings in
the course of the criminal proceedings, alleging that the findings had never
been sent to him and could not be used as evidence in the civil proceedings.
58. Finally, the applicant considered that the sanction – his dismissal –
was not proportionate and that it had a dissuasive effect. This conclusion
could not be altered by the fact invoked by the Government that the
applicant had taken up a post in another major Latvian university soon
afterwards.
2. The Government
(a) The interference
59. The Government maintained their argument stated above (see
paragraph 40) that the present case essentially concerned a labour dispute
governed by the provisions of private law. They reiterated that the applicant
had been dismissed after having addressed an email to the Rector of the
University which contained illegal requests as well as threats and blackmail.
They considered that a distinction should be drawn between the expression
of criticism that might disturb or offend other persons, on the one hand, and
incitement to perform unlawful activities that infringed individuals’ honour
and dignity on the other. The latter was at issue in the present case, as the
applicant’s behaviour constituted a particularly grave infringement of the
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières