The European Court of Human Rights passed its judgment in the case of Mătăsaru v. the Republic of Moldova, holding, unanimously, that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights and ordering that the Government of the Republic of Moldova should pay €7,650 damagers to the plaintiff, IPN reports.

Promo-LEX Association, which represented the interest of Anatol Mătăsaru, said the case concerned the applicant’s conviction for demonstrating in front of the Prosecutor General’s Office with obscene sculptures. His sculptures likening public officials to genitals were intended to draw attention to corruption and political control over the Prosecutor’s Office. The courts found that his actions had been “immoral” and offensive for the senior prosecutors and politicians he had targeted. He was given a two-year suspended prison sentence.

The Court found in particular that the interference with the applicant’s freedom of expression had not been necessary in a democratic society. There had been no justification whatsoever for imposing a prison sentence, even if suspended. Such a sanction had gone beyond what might have been necessary to restore a balance between the various interests involved, namely the right to freedom of expression against the right to dignity. It could moreover have had a serious chilling effect on others and discourage them from exercising their freedom of expression.

Relying in particular on Article 10 (freedom of expression), Anatol Mătăsaru alleged that the courts finding him guilty of a criminal instead of an administrative offence had been harsh and intended to discourage him from further protests. The application was lodged with the European Court of Human Rights on November 19, 2016.

The Court held that the finding of a violation constituted in itself sufficient just satisfaction for any non-pecuniary damage sustained by the applicant. It awarded €5,850 in respect of pecuniary damage and €1,800 in respect of costs and expenses.