Постановление Европейского суда по правам человека от 21.10.2010 «Дело Салиев (Saliyev) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF SALIYEV v. RUSSIA
(Application No. 35016/03)

JUDGMENT <*>

(Strasbourg, 21.X.2010)

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<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Saliyev v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni, judges,
and {Andre} <*> Wampach, Deputy Section Registrar,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Having deliberated in private on 30 September 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 35016/03) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Kakhraman Umarovich Saliyev ("the applicant"), on 20 October 2003.
2. The applicant was represented by Mr S. Maksimyuk, a lawyer practising in Magadan. The Russian Government ("the Government") were represented by Mr P. Laptev and Ms V. Milinchuk, former Representatives of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged, in particular, that the withdrawal of part of a print run of the newspaper Vecheniy Magadan containing an article written by him had violated his rights under Article 10 of the Convention (freedom of expression).
4. By a decision of 27 September 2007, the Court declared the application admissible.
5. The Government, but not the applicant, filed further written observations (Rule 59 § 1). In addition, third-party comments were received from Mr Svistunov, who had been given leave by the President to intervene in the written procedure (Article 36 § 2 of the Convention and Rule 44 § 2). The respondent Government replied to those comments (Rule 44 § 5).

THE FACTS

I. The circumstances of the case

6. The applicant was born in 1957 and lives in Magadan.

A. Withdrawal of the newspaper

7. The applicant was the president of a non-governmental organisation known as Investory Kolymy (Investors of Kolyma). In 2001 he wrote an article entitled "Shares for the Moor of Moscow" ("Акции для московского мавра"). The article was about the acquisition of shares in Kolymaenergo Plc (a local energy-producing company which was at the time a part of the State holding Edinye Energeticheskiye Systemy Rossii) by a group of Moscow-based firms. In the article the applicant described the purchase as a crooked deal and alleged that a high-level official from Moscow, one of the leaders of the pro-government political party, was behind the transaction. The article reads as follows:
"Shares for the Moor of Moscow

Where are the 1,300,000,000 roubles [obtained from]
the placement of shares in Kolymaenergo Plc?

We meant well...
Everything started with an advertisement in [the official daily] Rossiyskaya Gazeta of 1 July 2000, in which Kolymaenergo Plc informed us about the next step in its exploration of market in the country - namely, about the official registration of the issue of 3,231,000,000 simple non-documentary nominal



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