22
KABLIS v. RUSSIA JUDGMENT
the interference advanced by the public authority had been relevant and
sufficient (see paragraph 29 above). The Court welcomes these instructions,
but notes that they were issued after the events at issue in the present cases.
It will have to wait for an opportunity to examine the practice of the Russian
courts after that Ruling to assess how these instructions are be applied in
practice.
71. The Court concludes from the above that the domestic law as in
force between 15 September 2015 and 26 June 2018 did not provide for an
effective remedy because the scope of review of the only available remedy
was limited to examining the lawfulness of the proposal to change the
location, time or manner of conduct of a public event, and did not include
any assessment of its “necessity” and “proportionality”.
72. There has accordingly been a violation of Article 13 in the present
case.
IV. ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION
73. The applicant complained that the blocking of his social networking
account and of three entries on his blog calling for participation in an
unauthorised public event had breached his right to freedom of expression.
He relied on Article 10 of the Convention, which reads as follows:
“1. Everyone has the right to freedom of expression. This right shall include
freedom to hold opinions and to receive and impart information and ideas without
interference by public authority and regardless of frontiers. This Article shall not
prevent States from requiring the licensing of broadcasting, television or cinema
enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities,
may be subject to such formalities, conditions, restrictions or penalties as are
prescribed by law and are necessary in a democratic society, in the interests of
national security, territorial integrity or public safety, for the prevention of disorder or
crime, for the protection of health or morals, for the protection of the reputation or
rights of others, for preventing the disclosure of information received in confidence,
or for maintaining the authority and impartiality of the judiciary.”
A. Admissibility
74. The Court notes that this complaint is not manifestly ill-founded
within the meaning of Article 35 § 3 (a) of the Convention. It further notes
that it is not inadmissible on any other grounds. It must therefore be
declared admissible.