San Marino judicial and human rights disputes

The legal landscape in San Marino has faced scrutiny regarding judicial independence and human rights compliance. In the Ingrid Casali case, the European Court of Human Rights (ECHR) ruled against the state, finding violations of the right to a tribunal established by law and freedom of expression. The dispute originated from a 2021 Facebook comment criticizing the then-Secretary of State for Health. While a third-instance judge initially acquitted Casali, a Judge for Extraordinary Remedies overturned the acquittal, reinstating the conviction.

The ECHR determined that the Judge for Extraordinary Remedies exceeded legal authority and was not a “tribunal established by law,” violating Article 6 of the Convention. The court also found a violation of Article 10 regarding freedom of expression. In its ruling, the ECHR noted that the government’s defense—arguing the appeal was abusive due to the applicant’s political affiliations—“denotes a strong political tension at the internal level.” San Marino has been ordered to pay Casali 24,000 euros in damages and legal costs.

Concurrently, political tension has emerged following a Judicial Council decision concerning magistrate Massimiliano Simoncini. The political party Repubblica Futura has criticized these developments, requesting formal written clarifications from the government regarding the ECHR rulings in both the Casali and Simoncini cases. The party is demanding information concerning the specific magistrate involved, potential disciplinary proceedings, and the government’s conduct before the ECHR, including attempts to recuse a judge and allegations of abuse of the right of appeal.