Baskova, Mr P. and Mr K., or the circumstances of the judicial proceedings on Ms Galina Baskova's claim for damages against Mr P. until such time as the present dispute has been resolved.
To serve a copy of the injunction on the bailiffs' service of the Kirov District of Yaroslavl, Ms P., the editor's office of the Zolotoye Koltso newspaper, the newspaper's reporter Ms Yelena Obukhova, and Mrs Galina Baskova."
13. On 7 April 2003 the Yaroslavl Regional Court dismissed the appeal against the injunction, finding as follows:
"The regional court considers that in the instant case a failure to indicate interim measures would impede not only the enforcement of the court judgment but also the examination of the [defamation] action.
The arguments in the appeal to the effect that the [injunction] violated the defendant's constitutional right to impart information cannot be taken into account as the prohibition only covers publication of materials concerning one specific traffic accident... Publication of materials about these facts before the judgment has been made would be contrary to the interests of the justice. The interim measures indicated by the court are proportionate".
14. On 29 April 2003 the Kirovskiy District Court gave judgment in the defamation claim. It did not accept the argument by the newspaper's lawyer that the contested statement was Ms P.'s subjective opinion which was evident from the introductory expression "we feel that". The court considered it to be "the author's allegation... about Ms Baskova's using her office and connections... in the framework of lodging her claim and obtaining interim measures". As the defendants could not prove the truthfulness of that statement, the court ordered publication of a rectification in the newspaper. On 26 June 2003 the Yaroslavl Regional Court upheld that judgment.
II. Relevant domestic law
15. The Code of Civil Procedure provides as follows:
Article 139. Grounds for application of interim measures
"At the request of a party to the case, a judge or a court may indicate interim measures. Such measures may be indicated at any stage of the proceedings if a failure to indicate them could impede or make impossible the enforcement of the court judgment."
Article 140. Interim measures
"1. Interim measures may include:
...
(2) an injunction restraining the defendant from carrying out specific actions;
...
When necessary, a judge or a court may indicate any other interim measures that correspond to the purposes described in Article 139 of the Code...
...
3. Interim measures must be proportionate to the plaintiff's claims."
Article 144. Revocation of interim measures
"3. ...If the claim has been granted, interim measures remain effective until the judgment has been enforced."
THE LAW
I. Alleged violation of Article 10 of the Convention
16. The applicant complained that the restriction on her right to publish materials concerning the traffic accident involving Ms Baskova was incompatible with Article 10 of the Convention, which reads as follows:
"1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, terr
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