European Court of Human Rights condemns San Marino in Casali case

The European Court of Human Rights (ECHR) has ruled against San Marino in the case of Ingrid Casali, finding that the state violated both the right to a tribunal established by law and the right to freedom of expression.

The legal dispute originated from a 2021 Facebook comment made by Casali, which criticized the then-Secretary of State for Health regarding a domestic violence award. Although Casali was initially convicted of offending the honor of a public official, she was later acquitted by a third-instance judge who recognized her right to political criticism. However, a Judge for Extraordinary Remedies subsequently overturned the acquittal, reinstating the conviction.

The ECHR determined that the Judge for Extraordinary Remedies exceeded their legal authority, violating Article 6 of the Convention. The court also found a violation of Article 10 regarding freedom of expression. San Marino has been ordered to pay Casali 24,000 euros, consisting of 5,000 euros for non-pecuniary damages and 19,000 euros for legal costs and expenses.