4
PAVEL IVANOV v. RUSSIA DECISION
society (see, among other authorities, Handyside v. the United Kingdom,
judgment of 7 December 1976, Series A no. 24, § 49, and Lingens
v. Austria, judgment of 8 July 1986, Series A no. 103, § 41), it has also laid
down the limits to that freedom. The Court has held, in particular, that
speech which is incompatible with the values proclaimed and guaranteed by
the Convention would be removed from the protection of Article 10 by
virtue of Article 17 of the Convention, which provides:
“Nothing in [the] Convention may be interpreted as implying for any State, group or
person any right to engage in any activity or perform any act aimed at the destruction
of any of the rights and freedoms set forth herein or at their limitation to a greater
extent than is provided for in the Convention.”
The examples of such speech examined by the Court have included
statements denying the Holocaust, justifying a pro-Nazi policy, alleging the
prosecution of Poles by the Jewish minority and the existence of inequality
between them, or linking all Muslims with a grave act of terrorism (see
Lehideux and Isorni, cited above, §§ 47 and 53; Garaudy v. France (dec.),
no. 65831/01, ECHR 2003-IX; W.P. and Others v. Poland (dec.),
no.42264/98, 2 September 2004; Norwood v. the United Kingdom (dec.),
no. 23131/03, 16 November 2004; and Witzsch v. Germany (dec.),
no. 7485/03, 13 December 2005).
In the present case, the applicant authored and published a series of
articles portraying the Jews as the source of evil in Russia. He accused an
entire ethnic group of plotting a conspiracy against the Russian people and
ascribed Fascist ideology to the Jewish leadership. Both in his publications
and in his oral submissions at the trial, he consistently denied the Jews the
right to national dignity, claiming that they did not form a nation. The Court
has no doubt as to the markedly anti-Semitic tenor of the applicant's views
and it agrees with the assessment made by the domestic courts that he
sought through his publications to incite hatred towards the Jewish people.
Such a general and vehement attack on one ethnic group is in contradiction
with the Convention's underlying values, notably tolerance, social peace and
non-discrimination. Consequently, the Court finds that, by reason of Article
17 of the Convention, the applicant may not benefit from the protection
afforded by Article 10 of the Convention.
It follows that this part of the application must be rejected as being
incompatible ratione materiae with the provisions of the Convention,
pursuant to Article 35 §§ 3 and 4.
2. The applicant complained under Article 13 of the Convention that his
conviction had been founded on contradictory evidence and that the court
had refused to order an expert report which could have shown the veracity
of his contention that the Jews did not form a nation.
In so far as the applicant's grievance may be understood as a complaint
about a violation of the right to a fair trial under Article 6 § 1 of the
Convention, the Court reiterates that while Article 6 guarantees the right to
a fair hearing, it does not lay down any rules on the admissibility of
evidence or the way it should be assessed, which are therefore primarily