26
SAVVA TERENTYEV v. RUSSIA JUDGMENT
incite hatred or violence against the Russian police officers; as the Court has
noted in paragraph 71 above, it was rather the applicant’s emotional reaction
to what he saw as an instance of an abusive conduct of the police personnel.
The Court furthermore discerns no other elements, either in the domestic
courts’ decisions or in the Government’s submission, which would enable it
to conclude that the applicant’s comment had the potential to provoke any
violence with regard to the Russian police officers, and thus posed a clear
and imminent danger which required the applicant’s criminal prosecution
and conviction (compare Gül and Others, cited above, § 42).
85. The Court stresses in the above connection that it is vitally important
that criminal law provisions directed against expressions that stir up,
promote or justify violence, hatred or intolerance clearly and precisely
define the scope of relevant offences, and that those provisions be strictly
construed in order to avoid a situation where the State’s discretion to
prosecute for such offences becomes too broad and potentially subject to
abuse through selective enforcement.
86. The foregoing considerations are sufficient to enable the Court to
conclude that the applicant’s criminal conviction did not meet a “pressing
social need” and was disproportionate to the legitimate aim invoked. The
interference was thus not “necessary in a democratic society”.
87. There has accordingly been a violation of Article 10 of the
Convention.
II. APPLICATION OF ARTICLE 41 OF THE CONVENTION
88. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Damage
89. The applicant claimed 3,500 euros (EUR) in respect of
non-pecuniary damage.
90. The Government contested that claim, arguing that there had been no
violation of the applicant’s rights under Article 10 in the present case.
91. The Court finds that in the circumstances of the case a finding of a
violation of Article 10 of the Convention will constitute sufficient just
satisfaction for the applicants in respect of non-pecuniary damage.