The Strasbourg court asked Russia questions in connection with the actions of the Ministry of Justice and national courts in relation to the "Circassian Congress" and one of its leaders.
September 15, 2017 European Court of Rights of a person communicated the complaints of the Adyghe republican public movement "Circassian Congress" and Zaur Dzeukozhev, one of the leaders of this organization, which sought recognition by the Russian Federation of the fact of the genocide committed against the Circassian ethnos in the XVIII - early XX centuries.
"Circassian congress" as an organization contested the warning against violations of the legislation on countering extremist activity, issued to him by the Office of the Ministry of Justice for Republic of Adygea September 23, 2011. Recall that the reason for issuing warning was the publication by the chairman of the council of the "Circassian congress" by Muratov Berzegov on the website of the organization of gratitude letter in which he thanked the Parliament of Georgia for recognizing " the fact The genocide of the Circassians (Adygs), carried out by the Russian state during Russian-Circassian war of 1763-1864 "The Ministry of Justice considered that" such statements contrast the Russian and Circassian peoples, therefore, incite national strife " and reproached the organization for falsification of historical facts on the grounds that " in historiography uses the term "Russian-Caucasian war", the term "Russian-Circassian war" is not used ." February 2, 2012 The Maykop city court dismissed Berzegov's complaint against the actions of the Ministry of Justice. 6 April 2012 Supreme Court of the Republic of Adygea approved the decision of Maikopsky city court. From our point of view, the actions of the Ministry of Justice were illegal, since the choice of one or another terminology for referring to historical events does not in itself constitute extremist activity.
Zaur Dzeukozhev, one of the leaders of the "Circassian Congress," challenged the warning against extremist activities issued to him by the Department of the Ministry of Justice for the Republic of Adygea in November 2010 as Deputy Chairman of the "Circassian Congress" for an interview he gave to one of the local newspapers, and a post on the Internet. May 17 In 2011, the Supreme Court of Adygea recognized the warning as legal. Dzeukozhev also challenged the decision of the same court of 6 September 2011, according to which libel suits filed by him against two republican newspapers were dismissed, who in March 2011 wrote about him as a person involved in extremist activity.
The ECtHR asked the Russian authorities if they violated actions of the Ministry of Justice and national courts Art. 10 of the European Convention for the Protection human rights and fundamental freedoms, guaranteeing the right to freedom of expression opinion whether, in the present case, there was an interference with the applicants' exercise of their the right to freedom of expression "necessary in a democratic society", whether the need for intervention has been adequately demonstrated. In addition, the ECtHR raised the question of whether Dzeukozhev's right to effective judicial protection in accordance with Art. 13 of the Convention and whether the refusal to satisfy the libel suits filed by Dzeukozhev violated his right to private life, guaranteed by Art. 8 conventions.
Note that the "Circassian Congress" has not existed as a legal entity for several years. Organization founder Murat Berzegov received political asylum in the United States in 2010, proving that he was subjected to persecution at home. AROD "Circassian Congress" was liquidated in 2013, Zaur Dzeukozhev acted as a liquidator.
Sources