Published: 12 Feb 2008

Guja v Moldova

Case Summary

Case No. 14277/04

Judgment date: 12/02/08

The applicant was the Head of the Press Department of the Prosecutor General’s Office when he released two letters received by the Office to a newspaper following a presidential statement concerning the need to fight corruption. These were subsequently published in an article on abuse of power. Neither letter contained any indication of confidentiality. The first was written by Deputy Speaker of Parliament Mişin requesting the Prosecutor General to personally resolve an issue of alleged police brutality. The second was authored by a vice-minister of the Ministry of Internal Affairs.

On 3 March 2003, the applicant was dismissed on the grounds that the letters were confidential and their release was in breach of internal regulations. He unsuccessfully argued in a civil action for reinstatement that the letters were not secretive, nor had he been obliged to consult his superiors. He submitted that their disclosure was in the public interest and his consequent dismissal was in violation of Art. 10.


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