SAVVA TERENTYEV v. RUSSIA JUDGMENT
5
(b) Judgment of 7 July 2008
21. On 7 July 2008 the Town Court found the applicant guilty under
Article 282 § 1 of the Russian Criminal Code for “having publicly
committed actions aimed at inciting hatred and enmity and humiliating the
dignity of a group of persons on the grounds of their membership of a social
group”. The court based its findings on, among other evidence, the expert
reports of 30 April 2007 and 19 June 2008, stating that it had no reasons to
doubt the experts’ conclusions as those were consistent with the
circumstances of the case as established by the court.
22. The court stated, in particular, that the applicant, acting out of his
personal aversion towards police officers, “[had] decided to influence the
public with the aims of inciting them to commit violent actions against
police officers, of instilling the public with the resolve and aspiration to
commit unlawful actions in respect of [the police officers]”. According to
the court, “the police officers of Russia [were] a large social group – people
united by their common activity in protecting the life, health, rights and
liberties of people, property, public and State interests from crimes and
offences”. It also noted that the applicant “[had been] aware of the illegal
nature of his actions when he [had] published his text aimed at inciting
enmity and hatred, imbued with hostility, hatred and humiliation of the
dignity of the police officers of Russia... on a more popular Internet blog
than his own ... and thus [he had] made it accessible to a larger readership”
and that “... access to the text [had been] unrestricted and it [had] remained
accessible ... for approximately one month ...”
23. The Town Court went on to note that the impugned text had been
generalised and impersonal and had drawn no distinctions on any grounds;
the word “cop” had been used with a negative and insulting meaning.
According to the Town Court, the applicant had “argued that the police
officers’ [had been] inferior on account of their professional grouping”, had
humiliated their dignity by comparing them with “pigs” and ascribing to
them the humiliating characteristics of “lowbrows and hoodlums – the
dumbest and most uneducated representatives of the animal world ...” and
“cop-hoodlum filth”.
24. In the court’s view, the applicant “negatively [influenced] public
opinion with the aim of inciting social hatred and enmity, escalating social
conflict and controversy in society and awakening base instincts in people”
and “[set] the community against police officers in calling for [their]
physical extermination by ordinary people”. According to the trial court,
“the text [did] not allow for any ambiguous interpretation of [its] content
and meaning, because it [was] understandable to any average native speaker
of Russian who [had] basic oral and written language skills”.
25. The Town Court also found that the impugned text could not be
viewed as a criticism, as it had not been intended as a discussion of any
shortcomings or as an analysis or assessment of something specific.