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Date
03/17/2017
Author
Hidden
Source
OVD-Info
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Internet Archive
Translated material

The ECHR communicated the complaint of journalist Irek Murtazin

The ECtHR communicated the complaint of journalist Irek Murtazin, according to the website of the Memorial Human Rights Center.

Murtazin applied to the ECtHR on 15 July 2010. The applicant complained of a violation of Article 6 (right to a fair trial) and Article 10 (freedom of expression) of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2007, Murtazin published the book "Mintimer Shaimiev: The Last President of Tatarstan", which contained, among other things, criticism of the political system of Tatarstan. According to Murtazin, the president made a number of mistakes, as a result of which one can speak of Shaimiev's partial political responsibility for unleashing the first Chechen war. On September 12, 2008, he wrote on his blog that he had information about the possible death of Shaimiev while on vacation in Turkey.

For these publications, Murtazin was sentenced to a year and nine months in a colony-settlement under articles on libel (part 2 of article 129) and incitement of hatred or enmity (part 1 of article 282) against the social group “regional authorities”. The cassation appeal against the verdict was dismissed.

The ECtHR asked for information on whether the proceedings were independent and impartial, given that Murtazin had a conflict with the judge's daughter and that the applicant unsuccessfully challenged the judge six times. The ECHR is interested in whether Murtazin had the opportunity to ask questions to the prosecution experts who examined his book (it was on the basis of a psychological and linguistic examination that a case was initiated under Article 282).

The ECtHR also asked for information on whether the trial complied with the standards of the Convention (take into account the political context of publications, the principle of increased tolerance of public figures for criticism against them, distinguish between facts and value judgments, assess the adequacy of criminal sanctions and what effect imprisonment has on freedom expressions of opinion).

The ECtHR specifically asked whether Murtazin's statements could be seen as inciting or justifying violence, whether they could lead to real harm, and how unverified information about the alleged death could damage reputation.