The ECHR awarded compensation to a pensioner from Mari El convicted of speaking out against the head of the region

The European Court of Human Rights (ECHR) has awarded more than 9,000 euros in compensation to Evgeny Shevelev, a pensioner from Mari El. In 2014, a Russian court found a man guilty under an article on libel against the head of the region for speaking at a rally (part 2 of article 128.1 of the Criminal Code). It is reported by the Center for the Protection of Media Rights.

The ECtHR recognized that the Russian authorities had violated the right to freedom of expression (Article 10 of the European Convention on Human Rights) and awarded the applicant compensation in the amount of 9,480 euros, of which 7,500 euros were compensated for non-pecuniary damage.

In 2014, a rally was held in Yoshkar-Ola on the topic of the poor condition of roads in the city, about 300 people took part in it. During the action, anyone could speak at the microphone, and Evgeny Shevelev, a pensioner from the village of Medvedkovo, took the stage. The words of a man “Just as thieves in law put their watcher for the city of Yoshkar-Ola, so thieves put their watcher Markelov and their henchmen above the law, they will cut our budget and they don’t give a damn about us” Leonid Markelov - at that time the head of the Republic of Mari El - considered deliberately false, discrediting his honor and dignity.

A case was opened against Shevelev under Part 2 of Art. 128.1 of the Criminal Code (libel contained in a public speech), the head of the region became a victim. In the fall of 2014, the Justice of the Peace found Pensionea guilty and fined him 20,000 rubles. On appeal and cassation, the decision was upheld.

Svetlana Kuzevanova, senior lawyer at the Center for the Protection of Media Rights, who represented Shevelev at the ECHR, pointed out that the controversial statement was a value judgment and cannot be considered false, and in addition, criminal prosecution for the statement is an excessive interference with the right to freedom of expression.

“Having considered our complaint, the ECtHR highlighted several important aspects of this case. Firstly, he noted that the Russian courts did not take into account the fact that Shevelev spoke at the rally and the purpose of the speech was to draw attention to the state of roads in the republic, it was directed to a person of high position, a public figure. Secondly, speaking, the pensioner expressed his opinion, it was tough, but acceptable in those circumstances. And thirdly, the court reiterated a point that is already in several judgments against Russia: criminal penalties for possible defamation are excessive state interference and inevitably have a chilling effect on people's ability to speak freely in Russia. We are very pleased that six years later, a fair end has been put in this case,” lawyer Kuzevanova commented on the decision of the ECtHR.