SAVVA TERENTYEV v. RUSSIA JUDGMENT
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distinction between shocking and offensive language which is protected by
Article 10 of the Convention and that which forfeits its right to tolerance in
a democratic society (see, for a similar approach, Vajnai v. Hungary,
no. 33629/06, §§ 53 and 57, ECHR 2008). The key issue in the present case
is thus whether the applicant’s statements, when read as a whole and in their
context, could be seen as promoting violence, hatred or intolerance (see
Perinçek, cited above, § 240).
70. In that connection, it is noteworthy that the applicant posted his
comment in the context of a discussion prompted by a press release of
Memorial, which gave information on a search by the police of the office of
a newspaper which was supporting an opposition candidate in the regional
parliamentary election (see paragraph 9 above). The participants of the
discussion expressed their critical views on the alleged practices of those
“who [had] the power” whereby the police were “seconded for a fight with
the political opposition” and on the police’s readiness to be “the regime’s
faithful dogs” and to participate actively in such actions (see paragraphs 1011 above). It is thus clear that the discussion raised the issue of the alleged
involvement of the police in silencing and oppressing the political
opposition in the period of an electoral campaign and therefore concerned a
matter of general and public concern, a sphere in which restrictions of
freedom of expression are to be strictly construed (see paragraph 62 above).
The Court furthermore reaffirms that it is particularly important in the
period preceding an election that opinions and information of all kinds are
permitted to circulate freely (see Długołęcki v. Poland, no. 23806/03, § 30,
24 February 2009).
71. The applicant’s comment, made as a part of that debate, shows his
emotional disapproval and rejection of what he saw as abuse of authority by
the police and conveys his sceptical and sarcastic point of view on the moral
and ethical standards of the personnel of the Russian police. Seen in this
perspective, the statements in question can be understood as a scathing
criticism of the current state of affairs in the Russian police and, in
particular, the lack of rigour in the recruitment of their personnel.
72. The Court further notes that the passage about “[ceremonial]”
incineration of “infidel cops” in “Auschwitz-[like]” ovens is particularly
aggressive and hostile in tone. However, it is not convinced that, as the
domestic courts considered, that passage can actually be interpreted as a call
for “[the police officers’] physical extermination by ordinary people” (see
paragraph 24 above). Rather it was used as a provocative metaphor, which
frantically affirmed the applicant’s wish to see the police “cleansed” of
corrupt and abusive officers (“infidel cops”), and was his emotional appeal
to take measures with a view to improving the situation.
73. The Court stresses that its considerations in the previous two
paragraphs should not be taken as an approval of the language used by the
applicant or the tone of his text. The reference to the Auschwitz