2
PAVEL IVANOV v. RUSSIA DECISION
prosecution's case was that the applicant, through a series of publications in
his newspaper, called for the exclusion of Jews from social life, alleged the
existence of a causal link between social, economic and political discomfort
and the activities of Jews, and portrayed the malignancy of the Jewish
ethnic group.
The case was tried by the Novgorod Town Court.
At the trial the applicant asserted his innocence, maintaining that the
“Ziono-Fascist leadership of the Jewry” was the source of all evils in
Russia. He believed that, in the absence of reliable information, the Russian
public could not learn the causes and reasons of its predicament. The aim of
the publications in his newspaper had been to “[educate] the Russians and
Jews who [had] suffered from Ziono-Fascist ideology”.
On 8 September 2003 the Town Court acquitted the applicant, finding
that it was not proven that he was the author of the publication. On
14 October 2003 the Novgorod Regional Court quashed the acquittal and
remitted the case.
On 9 and 30 December 2003 the Town Court refused the applicant's
petitions for a new socio-humanitarian and authorship report into his
publications.
On 10 February 2004 the applicant asked the Town Court to commission
a history-social report that would clarify the following questions:
“1. Are the Jews a race?
2. Are the Jews a nation?
3. If the Jews are a nation, from what historical period?
4. Are the Jews in Russia a nation or a Judaic diaspora?
5. May the adjective 'national' or the term 'national dignity' be used in respect of a
member of the Judaic diaspora?”
On 11 February 2004 the Town Court refused the applicant's request,
noting that the answers to those questions had already been obtained by the
initial socio-humanitarian report. The Town Court also noted:
“In the court's view, it is a generally accepted fact that members of any nation,
nationality or ethnic group have national dignity, which is determined by their
national self-consciousness, on the basis of which they identify themselves as
members of that ethnic group.”
On 20 February 2004 the Novgorod Town Court found the applicant
guilty of inciting to racial, national and religious hatred and prohibited him
from engaging in journalism, publishing and disseminating in the massmedia for a period of three years. The finding of guilt was based, in
particular, on socio-humanitarian, socio-psychological and linguistic reports
and on oral testimony by the experts. The applicant maintained before the
court that he could not have incited to national hatred because the Jews did
not exist as a race or nation.
The applicant lodged an appeal, reiterating that the Town Court wrongly
considered that the “Jewish nation” existed.