SAVVA TERENTYEV v. RUSSIA JUDGMENT
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has a history of oppression or inequality, or that faces deep-rooted
prejudices, hostility and discrimination, or that is vulnerable for some other
reason, and thus may, in principle, need a heightened protection from
attacks committed by insult, holding up to ridicule or slander (compare and
contrast Soulas and Others v. France, no. 15948/03, §§ 36-41, 10 July
2008; Le Pen, cited above; and Féret v. Belgium, no. 15615/07, §§ 69-73
and 78, 16 July 2009, where the impugned statements were directed against
non-European immigrant communities in France and Belgium respectively;
Balsytė-Lideikienė v. Lithuania, no. 72596/01, § 78, 4 November 2008,
where the impugned statements concerned national minorities in Lithuania
shortly after the re-establishment of its independence in 1990; or Vejdeland
and Others, cited above, § 54, where the impugned statement targeted
homosexuals).
77. In the Court’s view, being a part of the security forces of the State,
the police should display a particularly high degree of tolerance to offensive
speech, unless such inflammatory speech is likely to provoke imminent
unlawful actions in respect of their personnel and to expose them to a real
risk of physical violence. It has only been in a very sensitive context of
tension, armed conflict and the fight against terrorism or deadly prison riots
that the Court has found that the relevant statements were likely to
encourage violence capable of putting members of security forces at risk
and thus accepted that the interference with such statements was justified
(see, for instance, Sürek (no. 1), cited above, § 62; Falakaoğlu and Saygılı
v. Turkey, nos. 22147/02 and 24972/03, §§ 32-34, 23 January 2007; and
Saygılı and Falakaoğlu v. Turkey (no. 2), no. 38991/02, § 28, 17 February
2009).
78. In the present case, however, there is no indication either in the
decisions of the domestic courts or in the Government’s submissions that
the applicant’s comment was published against a sensitive social or political
background, or that the general security situation in that region was tense, or
that there were any clashes, disturbances, or anti-police riots, or that there
existed an atmosphere of hostility and hatred towards the police, or any
other particular circumstances in which the impugned statements were liable
to produce imminent unlawful actions in respect of police officers and to
expose them to a real threat of physical violence. Whilst holding that the
police officers were a “social group” by virtue of their “common
[professional] activity” (see paragraph 22 above), the domestic courts failed
to explain why that group, in their view, needed enhanced protection; nor
did they refer to any factors or context which would show that the
applicant’s comment could have actually encouraged violence and thus put
that group, or any of its members, at risk. In the absence of any such
explanation in the domestic courts’ decision or any other evidence which
would enable it to conclude otherwise, the Court is thus not convinced that