Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  KARUYEV v. RUSSIA

  Violation of Article 10 - Freedom of expression-general (Article 10-1 - Freedom of expression);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction) (englisch)

Sonstiges

• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  KARUYEV v. RUSSIA

  Art. 10, Art. 10 Abs. 1, Art. 10 Abs. 2 MRK
  [ENG]

Papierfundstellen

• NVwZ 2023, 1487

Wird zitiert von ... (14)Zitiert selbst (12)

alle Zitatstellen anzeigen
• EGMR, 13.03.2018 - 51168/15

  Spanien: Foto des Königspaares verbrannt - Strafe unzulässig

  Auszug aus EGMR, 18.01.2022 - 4161/13

  51168/15 and 51186/15, 13 March 2018, concerning the setting of fire to an upside-down photograph of the royal couple; and Matasaru v. the Republic of Moldova, nos.

  It is an established principle of our jurisprudence that symbolic or other speech that may be offensive to senior political figures, including heads of State, is protected by Article 10 of the Convention (see in particular Stern Taulats and Roura Capellera v. Spain, nos. 51168/15 and 51186/15, 13 March 2018, which involved the burning of a large, upside-down portrait of the Spanish royal couple during an anti-monarchist protest against their official visit to Girona; and Eon v. France, no. 26118/10, 14 March 2013, involving an applicant who was fined thirty euros for holding up an insulting and slightly obscene sign during a rally attended by the incumbent French president).

• EGMR, 23.05.1991 - 11662/85

  Oberschlick ./. Österreich

  Auszug aus EGMR, 18.01.2022 - 4161/13

  Moreover, Article 10 of the Convention protects not only the substance of the ideas and information expressed but also the form in which they are conveyed (see Oberschlick v. Austria (no. 1), 23 May 1991, § 57, Series A no. 204).
• EGMR, 12.06.2012 - 26005/08

  [ENG]

  Auszug aus EGMR, 18.01.2022 - 4161/13

  26005/08 and 26160/08, 12 June 2012, concerning a public display of dirty clothes; Murat Vural v. Turkey, no. 9540/07, 21 October 2014, and Ibrahimov and Mammadov v. Azerbaijan, nos.

• EGMR, 21.10.2014 - 9540/07

  [ENG]

  Auszug aus EGMR, 18.01.2022 - 4161/13

  26005/08 and 26160/08, 12 June 2012, concerning a public display of dirty clothes; Murat Vural v. Turkey, no. 9540/07, 21 October 2014, and Ibrahimov and Mammadov v. Azerbaijan, nos.
• VG der Evangelischen Landeskirche in Württemberg, 07.10.2005 - 18/04

  Auszug aus EGMR, 18.01.2022 - 4161/13

  18/04/2022.
• EGMR, 27.02.2018 - 39496/11

  SINKOVA v. UKRAINE

  Auszug aus EGMR, 18.01.2022 - 4161/13

  63571/16 and 5 others, 13 February 2020, concerning the pouring of paint on statues of historical figures; Shvydka v. Ukraine, no. 17888/12, 30 October 2014, concerning the detaching of a ribbon from a wreath laid by the head of State; Sinkova v. Ukraine, no. 39496/11, 27 February 2018, concerning the frying of eggs and sausages over the "eternal flame" at a war memorial; Stern Taulats and Roura Capellera v. Spain, nos.
• EGMR, 23.01.2018 - 201/17

  MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY

  Auszug aus EGMR, 18.01.2022 - 4161/13

  I previously expressed my opinion in the case of Magyar Kétfarkú Kutya Párt v. Hungary (no. 201/17, 20 January 2020), where I referred to the relevant case-law of the Court.
• EGMR, 02.02.2010 - 25196/04

  [ENG]

  Auszug aus EGMR, 18.01.2022 - 4161/13

  The protection of Article 10 is not limited to spoken or written word, for ideas and opinions are also capable of being communicated by nonverbal means of expression or through a person's conduct (see, among others, Christian Democratic People's Party v. Moldova (no. 2), no. 25196/04, §§ 9 in fine and 27, 2 February 2010, concerning the public burning of the Russian flag and of a picture of the President of Russia; Tatár and Fáber v. Hungary, nos.
• EGMR, 13.02.2020 - 63571/16

  IBRAHIMOV v. AZERBAIJAN and 6 other applications

  Auszug aus EGMR, 18.01.2022 - 4161/13

  63571/16 and 5 others, 13 February 2020, concerning the pouring of paint on statues of historical figures; Shvydka v. Ukraine, no. 17888/12, 30 October 2014, concerning the detaching of a ribbon from a wreath laid by the head of State; Sinkova v. Ukraine, no. 39496/11, 27 February 2018, concerning the frying of eggs and sausages over the "eternal flame" at a war memorial; Stern Taulats and Roura Capellera v. Spain, nos.
• EGMR, 30.10.2014 - 17888/12

  SHVYDKA v. UKRAINE

  Auszug aus EGMR, 18.01.2022 - 4161/13

  63571/16 and 5 others, 13 February 2020, concerning the pouring of paint on statues of historical figures; Shvydka v. Ukraine, no. 17888/12, 30 October 2014, concerning the detaching of a ribbon from a wreath laid by the head of State; Sinkova v. Ukraine, no. 39496/11, 27 February 2018, concerning the frying of eggs and sausages over the "eternal flame" at a war memorial; Stern Taulats and Roura Capellera v. Spain, nos.
• EGMR, 15.01.2019 - 69714/16

  MATASARU v. THE REPUBLIC OF MOLDOVA and 1 other application
• EGMR, 18.03.2003 - 39013/02

  LUCAS v. THE UNITED KINGDOM

alle Zitatstellen anzeigen
• EGMR, 22.01.2026 - 3198/20

  KUDRYAVTSEV v. RUSSIA and 13 other applications

  Karuyev v. Russia, no. 4161/13, 18 January 2022 (disrespect for the authorities/ State officials).

  Karuyev v. Russia, no. 4161/13, 18 January 2022 (disrespect for the authorities/ State officials).

  Karuyev v. Russia, no. 4161/13, 18 January 2022 (disrespect for the authorities/ State officials).

  Karuyev v. Russia, no. 4161/13, 18 January 2022 (disrespect for the authorities/ State officials).

• EGMR, 04.07.2023 - 11519/20

  GLUKHIN v. RUSSIA

  51. The Court reiterates that the protection of Article 10 is not limited to the spoken or written word, for ideas and opinions are also capable of being communicated by nonverbal means of expression or through a person's conduct (see Karuyev v. Russia, no. 4161/13, § 18, 18 January 2022).
• EGMR, 12.06.2025 - 50074/18

  BOROVINSKIKH AND OTHERS v. RUSSIA

  Having examined all the material before it, the Court concludes that these complaints disclose violations of the Convention in accordance with its case-law (see, in relation to Article 5: Korneyeva v. Russia, no. 72051/17, 8 October 2019, concerning excessive recourse to the escorting procedure; Article 6: Karelin v. Russia, no. 926/08, 20 September 2016, concerning the conduct of administrative-offence trials in the absence of a prosecutor; and Article 11: Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014, and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013, concerning disproportionate measures against organisers and participants of public events; Article 10: Karuyev v. Russia, no. 4161/13, 18 January 2022, and Handzhiyski v. Bulgaria, no. 10783/14, 6 April 2021, concerning various aspects of the right to freedom of expression; see also the cases cited in the appended table in respect of other issues).

  10 - Unforeseeable finding that the police order barring the filming at the police station had a legal basis (see Karuyev v. Russia, no. 4161/13, 18 January 2022) - The applicant was convicted for disobeying police orders after attempting to film inside a police station following his apprehension at a manifestation.

• EGMR, 06.09.2022 - 67200/12

  BODALEV v. RUSSIA

  Apparently, that flag was related to The Other Russia, a non-registered political party (see Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, § 123, 7 February 2017, and Karuyev v. Russia, no. 4161/13, § 2, 18 January 2022).

  The Government have submitted no evidence of established domestic practice interpreting the obligation contained in section 6 § 3 (2) of the Act in that sense (compare Kudrevicius and Others v. Lithuania [GC], no. 37553/05, §§ 113-16, ECHR 2015; Gough v. the United Kingdom, no. 49327/11, § 155, 28 October 2014; Lucas v. the United Kingdom (dec.), no. 39013/02, 18 March 2003; and Karuyev v. Russia, no. 4161/13, §§ 21-24, 18 January 2022).

• EGMR, 10.07.2025 - 5804/15

  STOMAKHIN v. RUSSIA and 5 other applications

  Moreover, the Court reiterates the general principles concerning various issues under Article 10 established in its case law, in particular, as to hate speech and extremist activities (see Dmitriyevskiy v. Russia, no. 42168/06, §§ 90-101, 3 October 2017, and Stomakhin v. Russia, no. 52273/07, §§ 92, 96 and 113, 9 May 2018), blocking of websites (see Vladimir Kharitonov v. Russia, no. 10795/14, §§ 33 and 37, 23 June 2020, and OOO Flavus and Others v. Russia, nos. 12468/15 and 2 others, § 28, 23 June 2020), and disrespect for the authorities and State officials (see Karuyev v. Russia, no. 4161/13, §§ 17-19, 18 January 2022).

  Karuyev v. Russia, no. 4161/13, 18 January 2022 (related to inadequate court's analysis of statements alleging disrespect for the authorities/ State officials).

• EGMR, 20.06.2024 - 25344/20

  FRIEDRICH v. POLAND and 17 other applications

  Rn. 246 The Court reiterates that the protection of Article 10 is not limited to the spoken or written word, for ideas and opinions are also capable of being communicated by nonverbal means of expression or through a person's conduct (see Mătăsaru, cited above, § 29, and Karuyev v. Russia, no. 4161/13, § 18, 18 January 2022 and the cases cited therein).
• EGMR, 27.06.2023 - 22515/14

  BRYAN AND OTHERS v. RUSSIA

  The Court reiterates that the protection of Article 10 is not limited to spoken or written word, for ideas and opinions are also capable of being communicated by nonverbal means of expression or through a person's conduct (see Karuyev v. Russia, no. 4161/13, § 18, 18 January 2022, with further references, and Mătăsaru v. the Republic of Moldova, nos. 69714/16 and 71685/16, § 29, 15 January 2019).
• EGMR, 23.02.2023 - 22323/16

  RUSTAMZADE v. AZERBAIJAN

  Therefore, the applicant's criminal conviction under those provisions cannot be said to have had a clear and foreseeable basis in domestic law (compare Karuyev v. Russia, no. 4161/13, § 24, 18 January 2022).
• EGMR, 15.05.2025 - 1097/10

  KASHAPOV v. RUSSIA

  Karuyev v. Russia, no. 4161/13, 18 January 2022.
• EGMR, 10.09.2024 - 21286/15

  DIANOVA v. RUSSIA and 1 other application

  Rn. 75 At the same time, the protection of Article 10 extends beyond spoken or written words to include nonverbal means of expression and conduct (see Karuyev v. Russia, no. 4161/13, §§ 18 and 20, 18 January 2022, and examples cited therein).
• EGMR, 09.11.2023 - 15326/19

  SARANCHUK v. RUSSIA and 24 other applications
• EGMR, 05.03.2026 - 23944/13

  BELYAYEVA v. RUSSIA
• EGMR, 17.01.2023 - 55496/19

  OOO MEDIAFOKUS v. RUSSIA
• EGMR - 8174/23 (anhängig)

  ORUJOVA v. AZERBAIJAN