OSCE media freedom representative welcomes Russian Supreme Court decisions protecting public discussion of terrorism, extremism
VIENNA, 13 February 2012 – The OSCE Representative on Freedom of the Media, Dunja Mijatović, welcomed today last week’s adoption by the Supreme Court of the Russian Federation of two resolutions on extremism and on terrorism that will protect public debate on these issues.
“The two resolutions of the Supreme Court emphasize that while the fight against terrorism and violent extremism is legitimate, we must also remember that there is no security without free media and free expression,” said Mijatović. “Media should not be criminalized for contributing to the public debate. On the contrary, the media can have a decisive protective role in society by informing the public about the dangers of terrorism and raising awareness about this constant threat,” she added.
The resolution “On Judicial Practice Related to Criminal Cases on Crimes of Extremist Nature” of 28 June 2011 instructs judges that when adjudicating such cases they should both consider national security and ensure the protection of human rights, including the freedom to engage in political discussions as long as they do not aim to denigrate the dignity of individuals and groups. The Court rules that such discussions do not represent crimes of hate speech.
The second resolution, “On Some Aspects of Judicial Practice Related to Criminal Cases on Crimes of Terrorist Nature” of 9 February 2012, similarly stipulates that judicial measures to prevent and stop such crimes should be taken in compliance with the rule of law and democratic values, human rights and basic liberties, as well as other provision of international law.
“As with the two 2010 resolutions of the Supreme Court on media law, I am confident that these two resolutions, if followed and implemented in court practice, will have a considerable liberating and stimulating effect on public debate in Russia,” Mijatović said.
Both resolutions (in Russian) can be found at the official website of the Supreme Court of the Russian Federation at: http://supcourt.ru/Show_pdf.php?Id=7315 and http://supcourt.ru/Show_pdf.php?Id=7695