22
SAVVA TERENTYEV v. RUSSIA JUDGMENT
concentration camps and to the Nazis’ killing practices as an example to be
followed is particularly striking. Arguably, in particular, Holocaust
survivors and especially those who escaped Auschwitz might be offended
by such a statement. In the latter connection, the Court observes, however,
that the protection of the rights of Holocaust survivors was never put
forward by the domestic courts among the reasons for the applicant’s
conviction. Moreover, the text in question does not reveal – and it has never
been held otherwise by the domestic courts, nor has it been argued by the
Government – any intention to praise or justify the Nazis’ practices used at
Auschwitz. The Court has previously held that a reference to the Auschwitz
concentration camps and the Holocaust alone is insufficient to justify an
interference with a freedom of expression, and that its impact on the rights
of others should be assessed with due regard to the historical and social
context in which that statement was made (see, for that approach, Annen
v. Germany, no. 3690/10, § 63, 26 November 2015). In the present case,
however, no arguments were advanced either by the national courts or by
the Government, which would reveal the reasons for which Russian police
officers could have considered themselves affected by such a reference.
74. More generally, recourse to the notion of annihilation by fire, in
itself, cannot be regarded as incitement to any unlawful action, including
violence, either. The Court has previously accepted that symbolic acts of
this kind can be understood as an expression of dissatisfaction and protest
rather than a call to violence (see Christian Democratic People’s Party
v. Moldova (no. 2), no. 25196/04, § 27, 2 February 2010, in which a flag
and a picture of a State leader were burnt, and Stern Taulats and Roura
Capellera v. Spain, nos. 51168/15 and 51186/15, § 39, 13 March 2018,
concerning the burning of a photograph of the Spanish royal couple). The
Court has observed in paragraph 72 above that in the present case the
applicant’s reference to “[ceremonial]” incineration of “infidel cops” can be
regarded as a provocative metaphor, a symbol of “cleansing” of the police
of corrupt officers, rather than an actual call to violence. As noted in
paragraph 68 above, Article 10 protects not only the substance of the ideas
and information expressed, but also the form in which they are conveyed.
75. It is furthermore of relevance that the applicant’s remarks did not
attack personally any identifiable police officers but rather concerned the
police as a public institution. The Court reiterates that civil servants acting
in an official capacity are subject to wider limits of acceptable criticism than
ordinary citizens (see Mamère v. France, no. 12697/03, § 27,
ECHR 2006-XIII), even more so when such criticism concerns a whole
public institution. A certain degree of immoderation may fall within those
limits, particularly where it involves a reaction to what is perceived as
unjustified or unlawful conduct of civil servants.
76. The Court further considers that the police, a law-enforcement public
agency, can hardly be described as an unprotected minority or group that