SAVVA TERENTYEV v. RUSSIA JUDGMENT
13
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION
41. The applicant complained that his criminal conviction for a comment
on the Internet had violated his right to freedom of expression, as provided
in 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...
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...”
A. Submissions by the parties
1. The applicant
42. The applicant argued that his conviction had constituted an
unjustified interference with his right to freedom of expression. In
particular, in the applicant’s view, the interference in question could not be
said to have been “prescribed by law”, as it had been the result of an
unforeseeable application of Article 282 of the Russian Criminal Code. He
insisted that the said Article had been designed to protect national, racial,
linguistic and religious minorities as well as representatives of the most
vulnerable social groups, such as, for instance, homosexuals, and that
extending its provisions to encompass the police as a social group had
amounted to an abusive application of that Article and went beyond what
may have reasonably be expected. According to the applicant, his criminal
prosecution had been one of the first cases where the notion “social group”
had been interpreted by the domestic courts as including civil servants.
43. He also argued that his criminal prosecution and conviction under
the above-mentioned provision had been the result of its selective and
arbitrary application, as a number of public figures, such as famous Russian
pop-musicians, who at the relevant period had publicly performed songs
with much more explicit and offensive texts regarding the police, had never
been prosecuted under that provision.
44. The applicant further argued that the interference complained of was
not “necessary in a democratic society”. He insisted, in particular, that his
comment had been directed against dishonest and corrupt police officers
whom he had called “infidel cops” in his text and had not targeted all
Russian police officers. He pointed out that there had been valid grounds for