The European Court of Human Rights upheld the lawsuit of the russian Novaya Gazeta and other media outlets against russia, concluding that the russian authorities violated the right to freedom of speech by prohibiting deviations from the kremlin’s official narrative in covering the russia-Ukraine war, as well as several other rights of the plaintiffs. According to European Pravda, this is stated in an ECHR announcement on February 11, which is available to the editorial team.
The case Novaya Gazeta and Others v. russia concerns laws introduced by russia after the start of the full-scale war, which imposed penalties for "discrediting the army" or spreading so-called "fake news" about the military.
A total of 178 individual plaintiffs in this case were convicted under these amendments through either criminal or administrative charges, while Novaya Gazeta and Dozhd were banned.
The ECHR determined that it has jurisdiction to consider this case, as the events in question occurred before September 16, 2022, when russia ceased to be a party to the European Convention on Human Rights (ECHR).
The ECHR judges unanimously concluded that the actions of the russian authorities constitute a violation of Article 10 of the European Convention on Human Rights, which protects freedom of expression.
The Court noted the existence of systemic restrictions on reporting the russia-Ukraine war, reflecting coordinated efforts by the russian authorities that resemble suppression of dissenting opinions rather than measures to prevent actual national security threats.
"Essentially, the national courts criminalized any reports or statements that contradicted the official narrative, which describes the invasion of Ukraine as a 'special military operation'", - the ECHR press service stated.
The judges also unanimously found a violation of Article 34 of the Convention in relation to the revocation of Novaya Gazeta's license and its blocking, despite interim measures determined by the Court.
Additionally, the judges unanimously recognized a series of other Convention violations concerning five individual plaintiffs, including Article 3 on the prohibition of inhuman and degrading treatment, Article 5 on the right to liberty and security, and Article 8 on respect for private and family life.
According to the Court’s decision, russia must pay compensation to the complainants in varying amounts for the damages caused: up to €7,500 (depending on the claim) for non-material damages and up to €850 for legal costs for each applicant.
The ECHR continues to review cases against russia despite the complete lack of cooperation from the russians since March 2022. The President of the ECHR has stated that the consideration of intergovernmental cases against russia remains a priority for the Court.