4
SAVVA TERENTYEV v. RUSSIA JUDGMENT
when performing professional duties. In his comment the applicant had
expressed his disagreement with Mr T., who, in the applicant’s view, had
confused those two notions. The applicant also insisted that his comments
had been exclusively addressed to Mr B.S. with whom he had shared his
thoughts regarding the police operation of 14 February 2007, and that he
had had no intention of making it public, let alone calling for any actions
against the police. The applicant further conceded that his comment had
been quite provocative, but insisted that he had used exaggeration, in
particular, referred to “an oven, like at Auschwitz”, only to express an idea
that “infidel” police officers should be severely punished. Lastly, he
apologised to former prisoners of Nazi concentration camps and to “honest”
police officers, who may have felt offended by his comment.
18. The Town Court called and examined a large number of witnesses.
In particular, three police officers, who had conducted a pre-investigation
inquiry in connection with the applicant’s comment on the Internet, stated
that they had not seen it as directed against only “infidel” police officers; in
their view, it had related to all police officers, had ascribed negative
characteristics to them and had proposed to incinerate them in public.
Mr B.S. stated that, in his view, the applicant’s comment had drawn a
distinction between honest police officers and “infidel cops” and had only
related to the latter category. Some of the witnesses stated that they had seen
the applicant’s comment in Mr B.S.’s blog, whereas others stated that they
had only become aware of the comment or read it after the criminal
proceedings had been instituted against the applicant and his case had
attracted the attention of the mass media. Some of the witnesses stated that
they considered the applicant’s comment and the expressions used therein to
be too harsh, and the word “lowbrows” to be immoral or unethical. Mr I.S.
pointed out that “the bloggers’ community”, including his own
acquaintances, had been indignant at the applicant’s comment which they
had considered to be too strongly-worded; however, in that witness’s view,
the applicant had merely expressed his opinion and had started a public
discussion on an important issue. Another witness stated that he had not
taken the applicant’s comment seriously, let alone seen it as calling for any
violent action.
19. At the request of the parties, the first-instance court ordered that a
comprehensive socio-humanities forensic expert examination of the
impugned text be carried out by a commission of experts.
20. The expert report of 19 June 2008, reflecting the results of that
examination, stated, in particular, that the applicant had targeted police
officers as a “social group” and that his comment had “aimed at inciting
hatred and enmity” towards this group and had “called for their physical
extermination”.