SAVVA TERENTYEV v. RUSSIA JUDGMENT
3
the comments, including the one left by Mr T. In the applicant’s words, this
latter comment made a particularly strong impression on him.
13. He then returned to Mr B.S.’s blog and posted a comment which was
entitled “I hate the cops, for fuck’s sake” (“Ненавижу ментов, сцуконах”)
and read as follows:
“I disagree with the idea that ‘police officers still have the mentality of a repressive
hard stick in the hands of those who have the power’. Firstly, they are not police
officers but cops; secondly, their mentality is incurable. A pig always remains a pig.
Who becomes a cop? Only lowbrows and hoodlums – the dumbest and least educated
representatives of the animal world. It would be great if in the centre of every Russian
city, on the main square ... there was an oven, like at Auschwitz, in which
ceremonially every day, and better yet, twice a day (say, at noon and midnight) infidel
cops would be burnt. The people would be burning them. This would be the first step
to cleansing society of this cop-hoodlum filth.”
C. Criminal proceedings against the applicant
1. Preliminary investigation
14. On 14 March 2007 criminal proceedings were brought against the
applicant under Article 282 § 1 of the Russian Criminal Code in connection
with his comment on the Internet.
15. On 16 March 2007 the police searched the applicant’s home in the
context of those proceedings. On the same day the applicant, who had found
out the reasons for the criminal case against him, removed his comment.
16. A report of 30 April 2007, reflecting the results of an examination
carried out during the preliminary investigation, provided a detailed analysis
of the language of the applicant’s comment. It stated, in particular, that in
the text its author had expressed a distinctly negative opinion about all
police officers, their personal and professional qualities, in a gross, indecent,
aggressive and insulting form, widely using slang and, indirectly, obscene
vocabulary typical of young users of the Internet.
2. Proceedings before the courts
(a) Proceedings before the first-instance court
17. In the proceedings before the Syktyvkar Town Court of the Komi
Republic (“the Town Court”), the applicant pleaded not guilty. He conceded
that he had been the author of the impugned statement, and argued that it
had represented his emotional and spontaneous reaction to the press release
of Memorial regarding the police search at the office of an opposition
newspaper and to Mr B.S.’s relevant post and Mr T.’s comment. In the
applicant’s words, for him there was a distinction between a “police
officer”, that is to say an honest and respectable law-enforcement officer,
and a “cop”, that is to say someone who acted unlawfully and abusively