Постановление Европейского суда по правам человека от 08.10.2009 "Дело "Порубова (Porubova) против Российской Федерации" [рус., англ.]

adopted with the specific aim of redressing the applicant's particular situation (see Mahmudov and Agazade v. Azerbaijan, No. 35877/04, § 51, 18 December 2008).
50. Taking into account the role of journalists and the press in imparting information and ideas on matters of public concern, even those that may offend, shock or disturb, the Court holds that the applicant's conviction was not compatible with the principles embodied in Article 10 since the Russian courts did not identify a "pressing social need" or adduce "relevant and sufficient" reasons justifying the interference at issue. Therefore, the Court considers that the domestic courts overstepped the narrow margin of appreciation afforded to them where restrictions on debates of public interest are concerned, and that the interference was disproportionate to the aim pursued and not "necessary in a democratic society".
51. There has therefore been a violation of Article 10 of the Convention.

III. Application of Article 41 of the Convention

52. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."
53. The applicant did not submit an itemised claim for just satisfaction as required by Rule 60 of the Rules of Court. Accordingly, the Court considers that there is no call to award her any sum on that account.

FOR THESE REASONS, THE COURT UNANIMOUSLY

1. Holds that there has been no violation of Article 6 § 1 of the Convention;
2. Holds that there has been a violation of Article 10 of the Convention.

Done in English, and notified in writing on 8 October 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Nina {VAJIC}
President

{Andre} WAMPACH
Deputy Registrar






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