13
considered a victim when, even while holding a management position as general manager,
an individual was not a shareholder.67
40.
Regarding activities performed within an audiovisual media outlet that were directly
related to communications activities, the European Court has only taken these activities into
account when giving victim status to physical persons who are not shareholders, but who play
an important role in the editorial line of the media outlet. 68 Thus, in the case of Groppera
Radio A.G. and Others v. Switzerland, in addition to considering that the sole shareholder of
the company was a victim, the European Court included in this category Mr. Mr. Marquard,
Mr. Fröhlivh and Mr. Caluzzi, who worked for the company as journalists. To reach this
conclusion, the European Court considered that despite obvious dissimilarities of status and
role, there were no grounds for distinguishing between the different applicants, because they
all had a direct interest in the continued transmission of the sound radio’s programs by cable;
for the sole shareholder it was essential to keep the station’s audience and therefore to
maintain its financing from advertising revenue; for the employees, it was a matter of their
job security as journalists. In summary, the Strasbourg Court concluded that the three
applicants could claim to be victims of the alleged violation.
41.
It is worth mentioning that, in the case relating to the audiovisual media and in which,
in addition, the shareholders have been admitted as victims on an individual basis, the
European Court has not made a distinction between the activities they performed within the
company; to the contrary, it has taken into account their ability, as shareholders, to provide
assets or social capital to execute the dissemination or communication activities and to
guarantee the plurality of opinions, on the grounds that, when a company suffers interference
by the State, there is a connection between the violations suffered by the company and the
violations suffered by the partners or shareholders.
42.
In the above circumstances, the European Court considers as victims all the
shareholders who: (1) owing to restrictions established by the company itself are unable to
apply to the system; (2) are sole shareholders of the company; (3) despite not being sole
shareholders, have the consent of those who do not apply to the protection system, and (4)
form part of the proceedings before the system to protect their rights as shareholders.
43.
These practical solutions for the consideration of the shareholders of companies or
undertakings as victims of human rights violations owing to State acts that are contrary to
the European Convention, but which are addressed against the company or undertaking, are
the answer that the European Court has provided to a situation that, prima facie, should not
have arisen under the European system since legal persons enjoy ius standi before that Court.
44.
Under the inter-American system, the preceding exceptions adopted by the European
Court could result in giving victim status to all those shareholders of a company who have
recourse to the inter-American system to seek protection for their rights, merely because
they are shareholders and also when there is no risk of disagreements or claims among them
or between them and the board of directors. This is crucially important for the inter-American
system where, contrary to the European Court, the general rule of protecting companies does
not exist. Consequently, the only remedy the shareholders have is to resort, on an individual
Furthermore, there was nothing in the case file to suggest that the second applicant could presume to be an indirect
victim, in his individual capacity, of the presumed violation of the Convention that affected the rights of the limited
liability company. Case of Amat-G LTD and Mebaghishvli v. Georgia, No. 2507/03, September 27, 2005.
67
Case of Amat-G LTD and Mebaghishvli v. Georgia, paras. 32 to 34.
68
Case of Groppera Radio A.G. et al. v. Switzerland, paras. 46 to 51
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