14
SAVVA TERENTYEV v. RUSSIA JUDGMENT
his criticism given numerous articles in the mass media, including in
newspapers, exposing various abuses committed by law-enforcement
officers.
45. The applicant pointed out that his comment had been written
spontaneously and had been the result of his sudden reaction to the topic
raised by the relevant discussion. He further argued that he had never meant
it to look as an appeal to violence against police officers. In his words, he
mentioned “ceremonial burning” of the “infidel cops” in a metaphoric,
figurative sense; it was hyperbole by which he had intended to express an
idea that corrupt police personnel should be held responsible and that
society must have zero tolerance in respect of their abuses and excesses. At
the same time, the applicant conceded that the reference to Auschwitz and
allusion to the practices used by the Nazis had been particularly
inappropriate; he pointed out that he sincerely regretted having used that
reference.
46. He also argued that his comment had posed no public danger. He
had posted it on a blog with a small readership and, prior to the institution
of the criminal proceedings against him, it had been read by twenty-five
Internet users at most, and that none of those had apparently regarded it as a
call for violence against the police.
2. The Government
47. The Government insisted that the interference with the applicant’s
right to freedom of expression had been justified under Article 10 § 2 of the
Convention. In particular, it pursed the legitimate aim of protecting Russian
police officers’ reputation and rights and was “necessary in a democratic
society”. In the latter connection, the Government pointed out that the
applicant had been found criminally liable for publication on the Internet of
a text with a direct intent of an incitement of hatred and enmity and
humiliation of the dignity of a group of persons – police officers. The said
text had been published on a blog with unrestricted access, with the result
that any Internet user could read it.
48. The Government further quoted the findings of the expert reports of
30 April 2007 and 19 June 2008 in so far as those had stated that the
applicant’s comment had been insulting and humiliating in respect of the
police officers as a group; that it had influenced public opinion by imposing
negative ideas regarding police officers with the aim of stirring up social
enmity, escalating social conflict and aggravating contradictions in society.
The Government also referred to the witness statements of three police
officers, who had pointed out at the trial that they had perceived the
impugned text as insulting and targeting all police officers indiscriminately
rather than only the “dishonest” ones. The Government also pointed out that
some other witnesses had stated that a number of bloggers had been
“outraged” by the applicant’s comment and had considered it to be