Conviction for Spitting on Portrait of President Putin Breached the Convention

Conviction for Spitting on Portrait of President Putin Breached the Convention
"anti putin protest 12-6-2012" by Inmediahk is licensed under CC BY-NC 2.00

27 – 01 – 2022

Alessandro Di Pietrantonio

International Justice and Human Rights Researcher

Global Human Rights Defence

In the case of Karuyev v. Russia (application no. 4161/13) the European Court of Human Rights stated that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights. The case concerned the applicant’s conviction for spitting on a portrait of Russian President Putin in 2012, during a performance intended to express hope for an end to Russian President Vladimir Putin’s rule. He was arrested four hours later, subsequently convicted of a minor breach of public order and sentenced to 15 days’ detention. The Court considered that the act of spitting on the portrait of a politician in the wake of his re-election was an expression of political opinion. In that context, the applicant’s conviction and resulting 15 days of detention had amounted to an interference with his freedom of expression. Furthermore, the Court was not satisfied that the elements of a “breach of public order”, under the relevant domestic law, had been made out when prosecuting the applicant. Spitting on the portrait had not led to any public disturbance, nor had the act involved any foul language, harassment or damage to property. His conviction had not therefore been “prescribed by law” within the meaning of the Convention.

Source and further readings:

Conviction for spitting on portrait of President Putin breached the Convention, HUDOC, 18 – 01 – 2022 

https://hudoc.echr.coe.int/eng-press#{%22itemid%22:[%22003-7232946-9838899%22]}