Communicated on 13 November 2017
THIRD SECTION
Application no. 26410/10
NOVAYA GAZETA and Leonid Vasilyevich NIKITINSKIY
against Russia
lodged on 15 April 2010
SUBJECT MATTER OF THE CASE
The application concerns the civil defamation proceedings brought by the Department of the Interior of the Omsk Region following the publication in a national newspaper published by the applicant company of an article penned by the second applicant. The article covered the allegedly brutal arrest of a Mr Sh. by unnamed police officers in the city of Omsk. The domestic courts found that the article contained statements tarnishing to the business reputation of the Department of the Interior, ordered a retraction and awarded the claimant 40,000 Russian roubles (RUB) and RUB 2,000 to be paid by the applicant company and the second applicant, respectively.
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 Department of the Interior of the Omsk Region? 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.
Leonid Vasilyevich NIKITINSKIY is a Russian national who was born in 1953 and lives in Moscow.
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