The case successfully examined the complainant’s complaint that finding him guilty of committing a crime under Article 280 of the Criminal Code of the Russian Federation (public calls for extremist activity) for publishing a number of articles about events in the Chechen Republic in the newsletter violated his right to freedom of expression and to peaceful assemblies. The case has violated the requirements of Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms (freedom of expression).
In 2007, the complainant was assisted in preparing an application. Subsequently, the application was communicated to the Russian Federation.
In his complaint, the complainant complained that he was convicted of a crime under Article 280 of the Criminal Code of the Russian Federation (public calls for extremist activity) for publishing a number of articles about events in the Chechen Republic in the newsletter, violated his right to freedom of expression and to peaceful assemblies, as guaranteed by Articles 10 and 11 of the Convention.
On May 9, 2018, on the complaint submitted by the applicant, the European Court concluded that the intervention of the authorities in the applicant's rights in a number of expressed statements met a pressing social need, but in a number - not. The European Court unanimously ruled that in the present case the authorities of the Russian Federation had violated the requirements of Article 10 (freedom of expression). By four votes to three, the European Court awarded the applicant compensation in the amount of EUR 12,500. A concurring opinion was expressed by Judge Helena Yaderblom (elected from Sweden) and Judge Helen Keller (elected from Switzerland). The judge Pere Pastor Vilanova (elected from Andorra) expressed a partly dissenting opinion.
ECHR Ordinance of May 9, 2018 in the case of “Stomakhin) v. Russia (application No. 52273/07).