White & Case LLP - News - Major Victory for Freedom of the Press in European Court of Human Rights

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Major Victory for Freedom of the Press in European Court of Human Rights

Brussels, November 27, 2007 ... In a major ruling in support of freedom of the press and the right of journalists to protect their sources, journalist Hans-Martin Tillack has won his action against Belgium concerning the Belgian authorities' decision in March 2004 to order a police raid of his home and office in order to identify his sources within the European Commission's Anti-Fraud Office (OLAF). Stung by Mr. Tillack's accurate commentary on the flaws of the Commission's policies on whistle-blowing and corruption, OLAF induced the Belgian police to conduct a raid on his home and office, its goal being to identify his sources within OLAF.

Today, the European Court of Human Rights (ECHR) in Strasbourg unanimously ruled in favour of Mr. Tillack, awarding him damages of €10,000 and also ordering Belgium to pay €30,000 costs, on the basis that his right to freedom of expression, enshrined in Article 10 of the European Convention on Human Rights, had been violated. Mr. Tillack, represented by White & Case since the raid in 2004 (and on a pro bono basis since 2006), appealed to the ECHR when his attempts before the Belgian and EC Courts to protect his sources and retrieve the documents and data seized by the Belgian police had failed.

"This is a bright day for the protection of fundamental rights of freedom of expression," commented Ian Forrester, Mr. Tillack's counsel. "We have been fighting this case for three years, not just in support of the rights of Mr. Tillack, but for all EU citizens. The Court has again confirmed that the right of journalists not to reveal their sources is not a privilege but part of the right to information, which cannot be granted or withdrawn at will. The Court's ruling also clarifies a larger principle of relevance to all journalists and public authorities by confirming that effective judicial review exists when a European Institution tries to abuse national criminal process in order to strike at press freedom."

In March 2004 Belgian police raided the home and office of Mr. Tillack, then Brussels correspondent for the German news magazine Stern, and seized his computers and documents. They were acting on a complaint from OLAF, which is responsible for investigating administrative fraud in the EU. Mr. Tillack had published a number of articles criticising OLAF. The articles were based on leaked information, and OLAF claimed, despite the lack of any evidence, that Mr. Tillack had obtained the information by bribing an EU official. Its real goal, however was to identify the leak in its administration by obtaining access to Mr. Tillack's files, and, not surprisingly, Mr. Tillack has never been charged with bribery or any other criminal offence.

After his files were seized, Mr. Tillack fulfilled his ethical duty by trying to protect his sources. He challenged the Belgian authorities' action before the national courts and requested the immediate release of his files. He also asked the European Court of First Instance (CFI) for interim measures to prevent OLAF from obtaining any information or documents seized by the Belgian police. When all his other attempts to obtain legal protection had failed, he turned to the European Court of Human Rights in Strasbourg. Not for the first time, the ECHR has confirmed that the protection of journalists' sources is one of the cornerstones of press freedom. The judgment also exonerates Mr. Tillack from the allegations of bribery, confirming they were based purely on rumours.

The White & Case team representing Mr. Tillack was led by partners Ian Forrester, Q.C. and Thierry Bosly, working closely with counsel Werner Derijcke and associates Christoph Arhold, Nathalie Flandin, Juliette Siaens and Muriel Alhadeff.

About White & Case
White & Case LLP is a leading global law firm with more than 2,100 lawyers in 35 offices in 23 countries. Our clients value the breadth and depth of our US, English and local law capabilities and rely on us for their complex cross-border commercial and financial transactions and for international arbitration and litigation. Whether in established or emerging markets, the hallmark of White & Case is our complete dedication to the business priorities and legal needs of our clients.

Contact:
Mireille Dallmann
Marketing Manager, White & Case Brussels
32 2 219 1620

Alexandra Henderson
Media Relations Executive, White & Case
44 0 20 7532 2848

	Press Releases
Lawyers Muriel Alhadeff Christoph Arhold Thierry Bosly Ian S. Forrester QC, LLD Locations Brussels	Major Victory for Freedom of the Press in European Court of Human Rights Brussels, November 27, 2007 ... In a major ruling in support of freedom of the press and the right of journalists to protect their sources, journalist Hans-Martin Tillack has won his action against Belgium concerning the Belgian authorities' decision in March 2004 to order a police raid of his home and office in order to identify his sources within the European Commission's Anti-Fraud Office (OLAF). Stung by Mr. Tillack's accurate commentary on the flaws of the Commission's policies on whistle-blowing and corruption, OLAF induced the Belgian police to conduct a raid on his home and office, its goal being to identify his sources within OLAF. Today, the European Court of Human Rights (ECHR) in Strasbourg unanimously ruled in favour of Mr. Tillack, awarding him damages of €10,000 and also ordering Belgium to pay €30,000 costs, on the basis that his right to freedom of expression, enshrined in Article 10 of the European Convention on Human Rights, had been violated. Mr. Tillack, represented by White & Case since the raid in 2004 (and on a pro bono basis since 2006), appealed to the ECHR when his attempts before the Belgian and EC Courts to protect his sources and retrieve the documents and data seized by the Belgian police had failed. "This is a bright day for the protection of fundamental rights of freedom of expression," commented Ian Forrester, Mr. Tillack's counsel. "We have been fighting this case for three years, not just in support of the rights of Mr. Tillack, but for all EU citizens. The Court has again confirmed that the right of journalists not to reveal their sources is not a privilege but part of the right to information, which cannot be granted or withdrawn at will. The Court's ruling also clarifies a larger principle of relevance to all journalists and public authorities by confirming that effective judicial review exists when a European Institution tries to abuse national criminal process in order to strike at press freedom." In March 2004 Belgian police raided the home and office of Mr. Tillack, then Brussels correspondent for the German news magazine Stern, and seized his computers and documents. They were acting on a complaint from OLAF, which is responsible for investigating administrative fraud in the EU. Mr. Tillack had published a number of articles criticising OLAF. The articles were based on leaked information, and OLAF claimed, despite the lack of any evidence, that Mr. Tillack had obtained the information by bribing an EU official. Its real goal, however was to identify the leak in its administration by obtaining access to Mr. Tillack's files, and, not surprisingly, Mr. Tillack has never been charged with bribery or any other criminal offence. After his files were seized, Mr. Tillack fulfilled his ethical duty by trying to protect his sources. He challenged the Belgian authorities' action before the national courts and requested the immediate release of his files. He also asked the European Court of First Instance (CFI) for interim measures to prevent OLAF from obtaining any information or documents seized by the Belgian police. When all his other attempts to obtain legal protection had failed, he turned to the European Court of Human Rights in Strasbourg. Not for the first time, the ECHR has confirmed that the protection of journalists' sources is one of the cornerstones of press freedom. The judgment also exonerates Mr. Tillack from the allegations of bribery, confirming they were based purely on rumours. The White & Case team representing Mr. Tillack was led by partners Ian Forrester, Q.C. and Thierry Bosly, working closely with counsel Werner Derijcke and associates Christoph Arhold, Nathalie Flandin, Juliette Siaens and Muriel Alhadeff. About White & Case White & Case LLP is a leading global law firm with more than 2,100 lawyers in 35 offices in 23 countries. Our clients value the breadth and depth of our US, English and local law capabilities and rely on us for their complex cross-border commercial and financial transactions and for international arbitration and litigation. Whether in established or emerging markets, the hallmark of White & Case is our complete dedication to the business priorities and legal needs of our clients. Contact: Mireille Dallmann Marketing Manager, White & Case Brussels 32 2 219 1620 Alexandra Henderson Media Relations Executive, White & Case 44 0 20 7532 2848