The Commissioner for human rights in Sverdlovsk region Tatiana Merzlyakova said that if the kindergarten teacher Eugenia Chudnovets cancels the sentence, the case “has all chances to join the list of the most infamous cases of Russia”. The words of the Ombudsman on Friday, 27 Jan, lists on its website.
It is noted that article 10 of the Convention for the protection of human rights and fundamental freedoms does not imply an absolute protection of the right to freedom of dissemination of information. The state can impose restrictions to ensure the safety of important public interests. However, it is necessary that the restrictions were proportionate to the aim pursued.
“If by the order to protect morals and the rights of minors in case specific questions arise, just with the degree of state intervention and the degree of severity of the sanctions applied are there any questions”, — stated in the press service of the Ombudsman. As practice shows, the European court of human rights (ECHR) in similar cases concludes that a violation of article 10.
Merzlyakov believes that criminal penalties Chudnovets is a “disproportionate state interference in freedom of information.”
In November 2016, a resident of Yekaterinburg was sentenced to six months in prison for repost in “Vkontakte” (the Prosecutor asked for five years). The message contained a link to a video in which the toilet children’s camp in Kataysk (Kurgan oblast) over an undressed child bullied counselors; entry into the network after its author lost the phone. Chudnovets was found guilty of distribution of child pornography. According to condemned, colors, and patterns she wanted to draw attention to the incident.
Then in the appeal submission, the prosecution requested the court to appoint a woman to the punishment not connected with deprivation of liberty, given that Chudnovets young child.
In December, the court overturned the teacher for a month. Her lawyer Alex Bashmakov told Business FM that he intends to apply to the ECHR.