Communicated on 13 November 2017
THIRD SECTION
Application no. 61391/11
NOVAYA GAZETA and Roman Aleksandrovich ANIN
against Russia
lodged on 16 September 2011
SUBJECT MATTER OF THE CASE
The application concerns civil defamation proceedings brought by the Administrative Directorate of the President of Russia (“Управление делами Президента РФ”) and its head, Mr K., following publication in a national newspaper published by the applicant company of an article penned by the second applicant. The article covered alleged corruption in the course of the renovation works of a State property in Sochi managed by the Directorate. It was based on publications and interviews in other media outlets reporting that a Mr M. had publicly claimed to have given a bribe to a Kremlin official in order to receive a commission for the renovation works, as well as on the second applicant’s interview with Mr M. The article cited technical and financial documents to demonstrate misuse of public funds. The claimants alleged that the applicants and Mr M. had disseminated statements tarnishing, in particular, their business reputation. The domestic courts found for the claimants, ordered a retraction and awarded Mr K. 100,000 Russian roubles (RUB) to be paid by the applicant company, as well as RUB 30,000 to be paid by the second applicant and Mr M. each in non-pecuniary damages.
QUESTIONS tO THE PARTIES
Has there been a violation of the applicants’ right to freedom of expression guaranteed by Article 10 of the Convention on account of the defamation proceedings brought by the Administrative Directorate of the President of Russia and its head, Mr K.? In particular, did the domestic courts give relevant and sufficient reasons to justify the alleged interference with the applicants’ right to freedom of expression? Did they apply standards which were in conformity with the principles embodied in Article 10 of the Convention? Did they base themselves on an acceptable assessment of the relevant facts (see OOO Izdatelskiy Tsentr Kvartirnyy Ryad v. Russia, no. 39748/05, § 46, 25 April 2017, and Terentyev v. Russia, no. 25147/09, § 24, 26 January 2017)?
APPENDIX
ANO “Redaktsionno-Izdatelskiy Dom ‘Novaya Gazeta’” is a legal entity incorporated under Russian law.
Roman Aleksandrovich ANIN is a Russian national who was born in 1986 and lives in Yaroslavl.
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