The first applicant, born in 1949, and the second applicant, born in 1942, are Austrian nationals resident in Vienna and journalists by profession. The second applicant is editor of the periodical "FORUM - Internationale Zeitschrift für kulturelle Freiheit, politische Gleichheit und solidarische Arbeit", i.e., according to its subtitle, an international magazine for cultural freedom, political equality and solidarity.
On 15 March 1987 the first applicant, in "FORUM" No. 397/398, published a report under the heading "Attention! Severe Judges!" ("Achtung! Scharfe Richter!"), criticising on several pages Austrian judges in criminal cases. After a brief summary of his main idea and a general introduction, the applicant described in particular ninejudges at the Vienna Regional Court sitting in criminal matters (Landesgericht für Strafsachen), inter alia Judge J.
The applicants complain under Article 10 of the Convention about the first applicant's conviction by the Eisenstadt Regional Court (Landesgericht) of defamation in respect of critical remarks about a particular judge in the context of a report about judges at the Vienna Regional Court, and about related court orders which also affected the second applicant. The second applicant also invokes Article 14 of the Convention.
Citation: Prager and Oberschlick v Austria (App no 15974/90) ECHR 26 April 1995
(from the official press-release prepared by the Registry Office of the European Court of Human Rights)