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CCPR/C/144/D/2982/2017

Olga Bykova v. Russian Federation

UNO-Menschenrechtsausschuss (CCPR) · 2025-07-09 · en UN

Decision on merits; Subjects: CIVIL AND POLITICAL RIGHTS, RUSSIAN FEDERATION; [CCPR: UNO-Pakt II, Internationaler Pakt über bürgerliche und politische Rechte; Pacte international relatif aux droits civils et politiques; Patto II]

Volltext (verifizierbarer Originaltext)

GE.25-13641 (E) 031125 041125

Human Rights Committee

Views adopted by the Committee under article 5 (4) of the

Optional Protocol, concerning communication

No. 2982/2017*, **, ***

Communication submitted by:

Olga Bykova (not represented by counsel)

Alleged victim:

The author

State Party:

Russian Federation

Date of communication:

17 December 2016 (initial submission)

Document references:

Decision taken pursuant to rule 92 of the

Committee’s rules of procedure, transmitted to

the State Party on 23 May 2017 (not issued in

document form)

Date of adoption of Views:

9 July 2025

Subject matter:

Defamation by private mass media

Procedural issues:

Abuse of the right of submission; lack of

substantiation of claims

Substantive issues:

Fair trial; unlawful attacks on honour and

reputation

Articles of the Covenant:

2, 5 (1) and (2), 7, 9 (1), 14 (1), (2) and (3) (a),

(b), (d) and (e), 17 (1) and (2), 19 (3) and 26

Articles of the Optional Protocol:

2 and 3

1.

The author of the communication is Olga Bykova, a national of the Russian Federation

born in 1966. She claims to be a victim of a violation, by the State Party, of her rights under

articles 2, 5 (1) and (2), 7, 9 (1), 14 (1), (2) and (3) (a), (b), (d) and (e), 17 (1) and (2), 19 (3)

and 26 of the Covenant. The Optional Protocol entered into force for the State Party on

1 January 1992. The author is not represented by counsel.

* Adopted by the Committee at its 144th session (23 June–17 July 2025).

** The following members of the Committee participated in the examination of the communication:

Wafaa Ashraf Moharram Bassim, Rodrigo A. Carazo, Yvonne Donders, Carlos Ramón Fernández

Liesa, Laurence R. Helfer, Konstantin Korkelia, Dalia Leinarte, Bacre Waly Ndiaye, Hernán Quezada

Cabrera, Akmal Saidov, Ivan Šimonović, Soh Changrok, Teraya Koji, Hélène Tigroudja and Imeru

Tamerat Yigezu.

*** Individual opinions by Committee members Rodrigo A. Carazo (partially dissenting) and

Laurence R. Helfer (concurring) are annexed to the present Views.

United Nations

CCPR/C/144/D/2982/2017

International Covenant on

Civil and Political Rights

Distr.: General

16 October 2025

Original: English

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Factual background

2.1

The author and her husband, Pavel Bykov, lived on the ground floor of an apartment

building in Moscow at the time of the events. On a lawn beneath their windows, their

neighbour, P, set up an unauthorized shelter for stray dogs. With time, the pack of dogs

became increasingly aggressive towards residents, particularly those with motor impairments,

such as the author, who had a second-degree disability due to her health condition, namely,

multiple sclerosis. Distressed, the residents appealed to various authorities to have the dog

shelter removed.

2.2

On 22 August 2008, P complained about a possible dog poisoning to the Ryazansky

District police department in Moscow. The police report indicated that, when an officer

arrived at the scene, there were no dead dogs, no evidence of a crime and no witnesses.

P claimed that she had found pills on the ground and suspected that the author had poisoned

the dogs, as the author had been vocal in complaining about the shelter. The police questioned

the neighbours, including the author’s husband, and reviewed video surveillance footage, but

it proved impossible to identify the person responsible for the alleged poisoning. On

1 September 2008, the district police declined to initiate criminal proceedings under

article 245 of the Criminal Code (cruelty to animals) due to the absence of evidence. In the

same decision, the police declined to pursue criminal charges against P for false accusation,

as requested by Mr. Bykov under article 306 of the Criminal Code. It was noted in the

decision that Mr. Bykov should be informed of his right to file civil proceedings against P,

as the information gathered indicated potential elements of defamation in her actions under

article 129 (1) of the Criminal Code.

2.3

On 5 September 2008, a film crew from the federal television channel NTV visited

the author’s apartment in connection with the incident reported by P. The author’s husband

answered questions from a journalist, K, denying the alleged involvement of his wife in the

poisoning of the dogs. Mr. Bykov informed K of the outcome of the preliminary police

inquiry. On 9 September 2008, at 3.30 p.m. and again at 6.30 p.m., a video report about the

events was broadcast by NTV as part of the news programme Chrezvychainoe proisshestvie

(“Emergency Incident”). At 9.10 p.m., a report entitled “Zhertvy ne lyudi” (“The victims are

not humans”) was aired as part of the news programme Ekstrennyi vyzov 112

(“112 Emergency Call”) on the federal television channel of the television company

Peterburg, using footage filmed and narrated by the crew of Chrezvychainoe proisshestvie.

Both channels have millions of viewers across the country.

2.4.

In the Chrezvychainoe proisshestvie programme, it was explained that there had been

a “murder” in the courtyard of an apartment building in Moscow, with four “deceased”. It

was noted that the residents had filed a report with the police and had provided evidence,

namely, a “possible murder weapon” and footage from a surveillance camera installed above

the entrance to the apartment building, and the question was raised as to why the female

“suspect” had not been arrested. It was explained that one of the residents had brought the

other residents to tears when she had had to inform them that the dogs, which had been widely

loved in the apartment block, had been “poisoned”. It was noted that officers were examining

footage from the camera. Footage from 1 a.m., 2 p.m. and 4 p.m. was shown as part of the

broadcast, depicting a woman who was identified as the author. It was explained that one of

the residents had immediately recognized the woman as her neighbour, the author, and that

the woman had been seen throwing “something from a bag”.

2.5

In the report “Zhertvy ne lyudi”, broadcast by Peterburg, the following words were

spoken: “Residents of a Moscow apartment building have exposed a serial killer, but the

police are not yet concerned about their information. There is no mention of the crime in the

reports of the Central Department of Internal Affairs for Moscow. After all, the victims are

not humans, but dogs. And although we punish cruelty towards animals, the authorities have

not yet intervened in this specific situation.” In addition, the following words were spoken:

“This is the footage from a surveillance camera. The film clearly shows a dog convulsing;

within minutes, the animal will die.” Furthermore, the following words were spoken: “Four

street dogs lived near the building. Some of the residents fed them, while others, by contrast,

petitioned various authorities just to have the animals removed from the area. But despite

numerous complaints, no one responded.” Later in the broadcast, the following words were

spoken: “Then, Olga Bykova decided to take matters into her own hands. First, she got

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poison.” In addition, the following words were spoken: “In the space of two hours, a woman

with a walking stick went outside three times with some kind of package. Here she is bending

down to the animal, hardly wanting to pet it. And here she is throwing something on the

ground.” Furthermore, the following words were spoken: “And takes something from a bag

and sprinkles it on the ground.” There was then a discussion in the studio, during which one

participant said: “Can we somehow hold this woman accountable? Should someone be

dealing with this, and will they? … So you can understand this woman, who, apparently,

became a murderer, right? Yes, the word ‘murderer’ is probably appropriate… In this specific

case, the dogs are dead.”

2.6

On 28 May 2009, the author filed a civil claim for the protection of honour, dignity

and professional reputation against both television companies, NTV and Peterburg, to the

Presnensky District Court and demanded a retraction of defamatory information. She alleged

that the statements made during the television shows in question implied her involvement in

the poisoning of dogs.

2.7

On 5 August 2009, the Presnensky District Court decided to split the proceedings in

relation to the two television companies and referred the complaint against Peterburg to the

Kuybyshev District Court in Saint Petersburg. On the same day, the Presnensky District

Court rejected the author’s civil complaint against NTV. On the basis of the transcript of the

programme Chrezvychainoe proisshestvie, provided by NTV, the Court found that the

phrases contested by the author, as broadcast by NTV, did not contain inaccurate statements

or defamatory information within the meaning of article 152 of the Civil Code. On

17 November 2009, the Moscow City Court quashed the decision of the Presnensky District

Court of 5 August 2009 and ordered a re-examination of the case by the first instance court

in a new composition. The Moscow City Court also quashed the decision of the Presnensky

District Court to refer the complaint against Peterburg to a court in Saint Petersburg.

2.8

On 17 November 2010, the author’s civil complaints against the two television

companies were admitted for consideration by two different judges of the Presnensky District

Court. On 2 September 2011, both proceedings were joined. On 12 April 2012, the

Presnensky District Court rejected the author’s claims in relation to both respondents.

Relying on a report containing the findings of a linguistic analysis of the phrases contested

by the author, which had been conducted by professor B, and provided by NTV, the court

concluded that the contested phrases stated an objective fact – dogs had died for an unknown

reason – and the different views of neighbours and the author’s husband in this regard. The

court did not find that these phrases contained defamatory information indicating criminal,

dishonest or unethical behaviour by the author and could not, therefore, be contested under

article 152 of the Civil Code. On 10 September 2012, the Moscow City Court upheld the

decision on appeal. The author unsuccessfully attempted to appeal the decisions of 12 April

and 10 September 2012 to the Presnensky District Court, the Presidium of the Moscow City

Court and the Supreme Court. The author submitted numerous complaints to non-judicial

authorities, including the Ombudsman, the President’s Office and the prosecutor’s office,

without any intervention from their side.

Complaint

3.1

The author claims that the broadcast of the two television programmes and treatment

of her complaint by the State authorities and courts violated her rights under articles 2, 5 (1)

and (2), 7, 9 (1) and 19 (3) of the Covenant.

3.2

The author claims that, by broadcasting defamatory reports about the alleged killings

of the dogs and referring to her as a “suspect” and “murderer”, in the absence of pending

criminal proceedings or a conviction by a court, the television companies violated

article 14 (1), (2) and (3) (a), (b), (d) and (e) of the Covenant. The author claims that the

procedural violations committed throughout the court proceedings prolonged the proceedings.

She claims that the fact that the court relied on the findings of a linguistic analysis provided

by one of the respondents, instead of an independent assessment, the fact that it failed to

ensure the participation of Peterburg in all the hearings, and the excessive delay in the

questioning of a witness by a court in Saint Petersburg, upon request of the Presnensky

District Court, delayed the proceedings.

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3.3

The author alleges that the State Party failed to protect her from an unlawful attack on

her honour and reputation through the dissemination of defamatory information by the

television companies, in violation of article 17 (1) of the Covenant.

3.4

The author claims that she has been discriminated against as a woman and a person

with a disability by the domestic courts, in violation of article 26 of the Covenant.

3.5

The author requests a written apology from the State Party, accountability for those

responsible for the violation of her rights, the annulment of the decision of Presnensky

District Court of 12 April 2012, along with all related rulings, the initiation of new civil

proceedings, and compensation for the violation of her rights and the resulting non-pecuniary

damage.

State Party’s observations on admissibility and the merits

4.1

On 27 July 2017, the State Party submitted its observations on the admissibility of the

communication. The State Party contests the author’s allegations under articles 2, 5 (1), 7, 9,

14 (2) and (3) (a), (b), (d) and (e), 19 and 26 of the Covenant as unsubstantiated and

inadmissible under article 1 of the Optional Protocol (for the article 19 claims) and article 2

of the Optional Protocol (for the remaining claims).

4.2

The State Party submits that the author’s claims under articles 14 (1) and 17 (1) of the

Covenant relate to the evaluation of facts and evidence by the domestic courts. The State

Party considers that the domestic proceedings in the author’s case display neither

arbitrariness nor a manifest error or denial of justice and that the author’s claims should be

found inadmissible as unsubstantiated under articles 1 and 2 of the Optional Protocol.

4.3

On 15 February 2018, the State Party submitted its observations on the merits of the

communication. The State Party denies that the author’s rights under article 14 (1) of the

Covenant have been violated by the domestic courts. It submits that the author was

represented in all court proceedings and that her representatives took the floor and presented

their arguments. She was able to contest all the evidence presented in court, including the

report on the linguistic analysis conducted by professor B. The Presnensky District Court, as

well as the appeal court, carefully assessed all the evidence in the case, including the witness

testimonies and the report on the linguistic analysis. According to the State Party, there is

nothing in the courts’ reasoning that suggests arbitrariness, manifest error or a denial of

justice.

4.4

In response to the author’s claim that the proceedings in her case were excessively

prolonged, the State Party states that the author has failed to request compensation for

damage caused by unreasonably prolonged judicial proceedings under Act No. 68-FZ of

30 April 2010.

Author’s comments on the State Party’s observations on admissibility and the merits

5.1

On 26 June 2018, the author provided her comments on the observations of the State

Party. She reaffirms her claims under all the articles that she originally invoked and insists

on their admissibility.

5.2

The author states that the right to claim compensation for excessively prolonged

proceedings under Act No. 68-FZ is only a right and not an obligation. A claim for

compensation for the damage caused by unduly prolonged proceedings would not remedy

the violation of the principle of a fair trial. Given the delays in the civil proceedings in her

case, if she had filed such a claim, either the claim could have been lost or its examination

could have been delayed indefinitely, leading to additional financial and time-related costs

for the author.

5.3

The author further asserts that she was not given an opportunity to challenge the

linguistic expert report submitted by one of the respondents due to a violation of the principle

of equality of arms. She alleges that, even though she did not contest the report, the courts

should not have admitted unlawful evidence. She claims that the courts placed her at a

disadvantage by giving preference to the respondent’s evidence, while disregarding her own.

This reliance on a single piece of evidence presented by the opposing party, she argues,

demonstrates arbitrariness and a denial of justice.

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State Party’s additional observations

6.

On 20 April 2020, the State Party submitted additional observations, reiterating its

previous position. It argues that the author’s comments essentially reflect her dissatisfaction

with the decisions of the domestic courts. She fails to provide substantive evidence of any

harm caused by the allegedly unlawful judicial decisions. The State Party notes that the

author interprets domestic and international law selectively and has knowingly refused to

exhaust available domestic remedies. Moreover, the use of provocative language, unfounded

accusations and an overall tone of disrespect towards the State Party exceeds the limits of

normal, civil and lawful criticism. The State Party concludes that the communication is of a

vexatious nature and should be deemed inadmissible as an abuse of the right of submission

under article 3 of the Optional Protocol.

Issues and proceedings before the Committee

Consideration of admissibility

7.1

Before considering any claim contained in a communication, the Committee must

decide, in accordance with rule 97 of its rules of procedure, whether the communication is

admissible under the Optional Protocol.

7.2

The Committee has ascertained, as required under article 5 (2) (a) of the Optional

Protocol, that the same matter is not being examined under another procedure of international

investigation or settlement.

7.3

The Committee notes the State Party’s argument that the author failed to substantiate

her claims under articles 2, 5 (1), 7, 9 (1), 14 (1), (2) and (3) (a), (b), (d) and (e), 19 and 26

of the Covenant. The Committee notes that article 2 is of an accessory nature and can be

raised only in conjunction with substantive provisions of the Covenant.1 The author does not

specify any details of her claims under this article. The Committee finds this claim

unsubstantiated and inadmissible under article 2 of the Optional Protocol.

7.4

The Committee recalls that article 5 of the Covenant is of a general nature and cannot,

in itself, be a basis for an individual claim.2 The Committee finds the author’s claim under

that article unsubstantiated and inadmissible under article 2 of the Optional Protocol.

7.5

The Committee notes that the author has never been arrested or detained. Therefore,

article 9 of the Covenant has no application to her case. The Committee notes the author’s

general allegation that the broadcasting of defamatory information about her had a negative

effect on her physical and mental state and violated her rights under article 7 of the Covenant.

The Committee notes that the author does not substantiate sufficiently her claims under this

article. The Committee also notes that article 14 (2) and (3) (a), (b), (d) and (e) of the

Covenant confers protection to defendants in a criminal case and is not applicable to the

present communication. Neither does article 19 of the Covenant relate to the present

communication, since the author does not claim a violation of her right to freedom of

expression. The Committee finds this part of the author’s claims insufficiently substantiated

and inadmissible under article 2 of the Optional Protocol.

7.6

The Committee notes the author’s claim that the proceedings in her case have been

unduly prolonged and the State Party’s claim that the author knowingly refused to exhaust

available domestic remedies. The Committee recalls its jurisprudence to the effect that

authors must avail themselves of all domestic remedies in order to fulfil the requirement of

article 5 (2) (b) of the Optional Protocol, insofar as such remedies appear to be effective in

the given case and are de facto available to the author.3 The Committee also recalls that mere

doubts about the effectiveness of the remedies, or in this case about the relevance of such

1 M v. Belgium (CCPR/C/113/D/2176/2012), para. 6.5.

2 Wackenheim v. France (CCPR/C/75/D/854/1999), para. 6.5.

3 For example, Warsame v. Canada (CCPR/C/102/D/1959/2010), para. 7.4; Leghaei et al. v. Australia

(CCPR/C/113/D/1937/2010), para. 9.3; and Alekseev et al. v. Russian Federation

(CCPR/C/134/D/2943/2017, 2953/2017 and 2954/2017), para. 6.4.

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remedies, do not absolve an individual from exhausting available domestic remedies.4 The

Committee observes that the author does not dispute the availability of the remedy, nor does

she offer arguments to demonstrate its ineffectiveness. Instead, she declined to pursue it on

the basis of personal doubts (see para. 5.2 above). In these circumstances, the Committee

finds that the author failed to exhaust domestic remedies and, accordingly, declares her claim

under article 14 (1) regarding the length of the civil proceedings inadmissible under

article 5 (2) (b) of the Optional Protocol.

7.7

The Committee notes the author’s claim under article 14 (1) of the Covenant that her

right to fair trial in civil proceedings was violated through numerous irregularities. The

Committee considers, however, that, despite multiple allegations, the substance of the

complaint, as supported by the documents on file, relates to the assessment performed by the

domestic courts of her honour- and reputation-related claims, which fall under article 17 of

the Covenant, rather than the fair trial guarantees under article 14 (1). In alleging procedural

violations under article 14 (1), the author relies on her own interpretation of domestic law,

which is not sufficient to substantiate her claims. The Committee therefore finds this part of

the author’s claims insufficiently substantiated and inadmissible under article 2 of the

Optional Protocol.

7.8

The Committee notes the author’s claims that she has been discriminated against as a

woman and a person with a disability. The Committee notes that the author has not raised

these claims at the domestic level and finds her allegations under article 26 of the Covenant

inadmissible under article 5 (2) (b) of the Optional Protocol for failure to exhaust domestic

remedies.

7.9

The Committee notes the State Party’s argument about the vexatious nature of and

abusive language used in the author’s submission, in violation of article 3 of the Optional

Protocol. The Committee considers that, although emotional, the submission is neither

offensive nor intentionally misleading and does not amount to an abuse of the right of

submission under article 3 of the Optional Protocol.

7.10

The Committee finds that the author’s claims under article 17 of the Covenant are

sufficiently substantiated for the purposes of admissibility and therefore proceeds with its

consideration of the merits.

Consideration of the merits

8.1

The Committee has considered the present communication in the light of all the

information made available to it by the parties, as provided in article 5 (1) of the Optional

Protocol.

8.2

The Committee takes note of the author’s allegations under article 17 (1) of the

Covenant that her honour and reputation were attacked in programmes broadcast by the NTV

and Peterburg television companies. The Committee recalls that article 17 recognizes the

right of everyone to protection against unlawful attacks on their honour and reputation,

regardless of whether they emanate from State authorities or from natural or legal persons.5

This article imposes positive obligations on the State to adopt legislative and other measures

enabling everyone to be protected from an unlawful attack. The State is also required to

provide effective remedy against those responsible for such attacks.6 To determine whether

there has been a violation of article 17, the Committee will consider: (a) whether there has

been an attack on the author’s honour and reputation; (b) whether the attack was unlawful;

and (c) whether the State Party fulfilled its positive obligation to provide an effective remedy

that enabled the author to protect her rights.

8.3

The Committee notes that the author was mentioned by name in two television news

programmes in reports dedicated to the poisoning of stray dogs, in which the terms “murder”,

“serial killer”, “suspect” and “poison” were used. At one point, it was explained that the

author “decided to take matters into her own hands” and acquired “poison” (see para. 2.5

4 Meng Qin Chen v. Netherlands (CCPR/C/94/D/1584/2007), para. 6.2; Alekseev et al. v. Russian

Federation, para. 6.4; and P.F. and M.F. v. France (CCPR/C/130/D/2780/2016), para. 10.9.

5 General comment No. 16 (1988), para. 1.

6 Ibid., para. 11.

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above). After the author had been mentioned by name in relation to poison, in the studio

discussion that followed the report broadcast by Peterburg, the words “this woman” and

“murderer” were used, and the need to hold her accountable was mentioned. These elements

are sufficient for the Committee to consider that the television programmes linked the author,

by name and appearance (a “woman with a walking stick”) (see para. 2.5 above), to the

poisoning of stray dogs. Even if couched in indirect or speculative language (e.g., the claim

that “something” was thrown from a bag), the framing and implications clearly pointed to

wrongdoing, affecting her honour and reputation. The use of emotionally charged terms such

as “serial killer”, “murder” and “poisoned”, in close association with the author’s name,

would likely lead viewers to conclude that she was guilty of malicious behaviour, regardless

of legal disclaimers. The Committee considers that there has been an attack on the author’s

honour and reputation within the meaning of article 17 (1) of the Covenant.

8.4

It is for the courts of the State Party to establish whether the attack was unlawful. The

Committee does not replace domestic courts in the assessment of facts or the interpretation

of national law, unless the assessment or interpretation was manifestly arbitrary or clearly

unjustified and resulted in a denial of effective protection under the Covenant.7

8.5

In the present case, the domestic courts found that the author’s claims did not meet

the standards for protection from defamation under the relevant national legal framework,

namely, article 152 of the Civil Code, because the information in the broadcasts constituted

an opinion rather than a verifiable fact (see para. 2.8 above). The Committee notes, however,

that, in reaching this conclusion, the courts failed to engage with the key piece of evidence

submitted by the author: the police report of 1 September 2008, which stated that there was

no proof of the author’s involvement in the alleged poisoning and characterized the

allegations against her as potentially defamatory. Some of the statements made in the

broadcasts contradicted the findings of the police report, for example the claim that the

neighbours handed over to the police a “possible murder weapon”, that officers were

examining footage from the surveillance camera or that residents had exposed a “serial killer”.

Even the fact of the killing of the dogs was not confirmed by the police report.

8.6

In addition, the courts relied heavily on a report prepared by professor B and submitted

by NTV, one of the respondents. In the report, B interpreted the incriminating language used

in the broadcasts in a narrow manner, taken out of the context of the broadcasts. The courts

did not seek an independent expert opinion to ensure impartiality, nor did they assess how

terminology relating to the criminal process would be understood in the specific context of

the investigative programmes.

8.7

In the light of these omissions – namely, the disregard for the factual evidence, the

failure to assess the language used in the broadcasts in its proper context and the reliance on

a report provided by an interested party – the Committee concludes that the domestic courts

did not adequately assess the evidence in the author’s case. As a result, the State Party failed

to carry out its positive obligation to protect the author from an unlawful attack on her honour

and reputation and to provide her with an effective remedy, as required by article 17 of the

Covenant.8

9.

The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that

the facts before it disclose a violation by the State Party of the author’s rights under article 17

of the Covenant.

10.

Pursuant to article 2 (3) (a) of the Covenant, the State Party is under an obligation to

provide the authors with an effective remedy. This requires it to make full reparation to

individuals whose Covenant rights have been violated. Accordingly, the State Party is

obligated to provide the author with adequate compensation, including reimbursement of any

legal costs that she has incurred, and to allow her to request a reversal of the civil proceedings

in her case. The State Party is also under an obligation to take all steps necessary to prevent

similar violations from occurring in the future.

7 Mutatis mutandis, G.J. v. Lithuania (CCPR/C/110/D/1894/2009), para. 8.10; V.K. v. Russian

Federation (CCPR/C/116/D/2411/2014), para. 6.6; and Akulich v. Belarus

(CCPR/C/140/D/2987/2017), para. 7.2.

8 General comment No. 16 (1988), para. 11.

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11.

Bearing in mind that, by becoming a party to the Optional Protocol, the State Party

has recognized the competence of the Committee to determine whether there has been a

violation of the Covenant and that, pursuant to article 2 of the Covenant, the State Party has

undertaken to ensure to all individuals within its territory and subject to its jurisdiction the

rights recognized in the Covenant and to provide an effective and enforceable remedy when

it has been determined that a violation has occurred, the Committee wishes to receive from

the State Party, within 180 days, information about the measures taken to give effect to the

Committee’s Views. The State Party is also requested to publish the present Views and to

have them widely disseminated in the official language of the State Party.

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Annex I

[Original: Spanish]

Individual opinion of Committee member Rodrigo A. Carazo

(partially dissenting)

1.

I share the general concern for the protection of honour and reputation that is reflected

in the Committee’s conclusions. However, I am of the view that the Committee has failed to

carry out a critical analysis of the author’s specific claim.

2.

The author expressly requested a number of specific remedies in her claim (see

para. 3.5 of the Views), including:

(a)

a written apology from the State Party;

(b)

accountability for those responsible for the violations of her rights;

(c)

the annulment of the decision of the Presnensky District Court of 12 April 2012,

together with all related rulings;

(d)

the initiation of new civil proceedings;

(e)

compensation for the violation of their rights and the resulting non-pecuniary

damage.

3.

The Committee’s Views (see para. 10) do not consider this claim in its entirety. The

Committee finds that the State party is obligated to provide the author with adequate

compensation, including reimbursement of any legal costs that she has incurred, and to allow

her to request a reversal of the civil proceedings in her case. The Committee fails to consider,

whether in a positive or negative light, several elements of the author’s claim, such as the

request for a written apology and accountability for those responsible.

4.

While the Committee has full authority to determine reparations, it cannot ignore the

victim’s claims when making its decisions. To do so, as in the present case, weakens the

Committee’s position as a defender of the rights of individuals.

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Annex II

Individual opinion by Committee member Laurence R.

Helfer (concurring)

1.

I agree that the Russian Federation violated article 17 of the Covenant by failing to

protect the author from unlawful attacks on her honour and reputation. I write separately to

provide additional guidance on the positive obligation of States Parties to protect individuals

from defamation by private actors.

2.

In its general comment No. 16 (1988), the Committee explained that States Parties are

required to adopt “adequate legislation” to protect personal honour and reputation, which

also enables “everyone effectively to be able to protect himself against any unlawful attacks

that do occur and to have an effective remedy against those responsible”.1 Such laws apply

not only to actions or statements by government agencies and officials, 2 but also to

“impairments to a person’s honour and reputation by … private parties that are committed

unlawfully and intentionally and are based on untrue allegations”.3

3.

The Russian Federation satisfied this legislative obligation by enacting article 152 of

the Civil Code, which gives individuals the right to petition a court to have information

discrediting their honour, dignity or professional reputation refuted ….” (see para. 2.7 of the

Views).4 The author filed a complaint against two television companies under this law,

seeking the retraction of statements in news broadcasts that falsely accused her of lethally

poisoning her neighbour’s dogs. The Presnensky District Court, however, found that the

statements did not contain defamatory information indicating criminal, dishonest or unethical

behaviour by the author and could not, therefore, be contested under article 152 of the Civil

Code (see para. 2.8). The Committee correctly concludes that the court made three significant

errors that undermine this finding: (a) treating certain statements in the broadcasts, including

references to the author using terms such as “murderer”, “serial killer” and “suspect” (see

para. 8.3), as opinions rather than as verifiable facts; (b) failing to consider a police report

that she submitted, which concluded that there was no proof of the author’s involvement in

the alleged poisoning and characterized the allegations against her as potentially defamatory;

and (c) relying on an expert linguistic report, submitted by one of the respondents, which

interpreted the defamatory language in the news broadcasts in a narrow and acontextual

manner (see paras. 8.5–8.7).

4.

The State Party thus violated its positive obligation to protect the author from an

unlawful attack on her honour and reputation not by failing to adopt legislation that complies

with article 17, but rather by the manner in which that legislation was applied in the present

case. The Committee reaffirms its long-standing position that domestic courts are primarily

responsible for interpreting national laws and assessing facts and evidence, but it rightly finds

that the present case is a rare instance in which such an interpretation or assessment was

manifestly arbitrary or clearly unjustified and resulted in a denial of effective protection

under the Covenant (see para. 8.4).

5.

I am aware of only one similar case decided by the Committee. 5 In Allakulov v.

Uzbekistan, a newspaper accused a university professor of fraud. After being acquitted of the

1 Para. 11.

2 For example, Kazal v. Australia (CCPR/C/138/D/3088/2017), paras. 8.3–8.6.

3 William A. Schabas, U.N. International Covenant on Civil and Political Rights: Nowak’s CCPR

Commentary, 3rd revised ed. (Kehl, Germany, N.P. Engel, 2019), p. 493.

4 For further analysis of article 152 of the Civil Code and other Russian provisions protecting honour

and reputation, see European Court of Human Rights, Kazakov v. Russia, Application No. 1758/02,

Judgment, 18 December 2008, paras. 11–13; and Thomas M. Callahan, “The right to reputation and

the case for Boris Nemtsov”, Fordham International Law Journal, vol. 39, No. 5 (2016).

5 The European Court of Human Rights has also found violations of the right to protection of reputation

in cases involving the publication of seriously offensive factual allegations having a direct effect on

an applicant’s private life. For example, in Rodina v. Latvia, the Court concluded that the Latvian

courts had insufficiently protected the reputation of a doctor unknown to the public who had been

described in newspaper and television reports as acting in a morally reproachable manner in

CCPR/C/144/D/2982/2017

GE.25-13641

11

offence, the author sued to compel the newspaper to publish a retraction, which was a remedy

authorized by the Law on Mass Media.6 The newspaper later issued a statement that failed to

identify either the author or the report accusing him of fraud, and also criticized his acquittal.

Dissatisfied, the author obtained court decisions ordering the newspaper to publish an

alternative retraction. A higher judicial authority quashed these decisions, disregarding the

process required by the Law on Mass Media for drafting and publishing retractions. In these

circumstances, the Committee concluded that the State Party had deprived the author of the

possibility to rehabilitate his reputation, honour and dignity, in violation of article 17, read

alone and in conjunction with article 2 (3), of the Covenant.7

6.

The present case and Allakulov v. Uzbekistan involve obvious misapplications of

domestic law or clear errors in assessing evidence. Future cases may present more difficult

issues, especially when government officials sue journalists for reporting on matters of public

interest. Such cases require weighing the right to freedom of expression against the right to

protection of honour and reputation. Before reassessing the findings of domestic courts in

such cases, the Committee may need to identify factors, in addition to those indicated in

paragraph 8.2 of the Committee’s Views in the present case, to guide domestic courts in

striking the proper balance between these Covenant rights.8

connection with a private family dispute (Applications No. 48534/10 and No. 19532/15, Judgment,

14 May 2020, paras. 110–139).

6 Allakulov v. Uzbekistan (CCPR/C/120/D/2430/2014), paras. 2.3–2.5.

7 Ibid., para. 7.6.

8 The European Court of Human Rights has identified non-exhaustive criteria for balancing these

rights, including “the subject of the publication and its contribution to a debate of public interest; how

well known the person concerned is; the prior conduct of the person concerned; the content, form and

consequences of the publication; and, where appropriate, the manner in which the relevant

information was obtained” (Iordan v. Republic of Moldova, Application No. 10870/15, Judgment,

22 May 2025, para. 29). Also relevant is whether reporters provided “accurate and reliable

information in accordance with the tenets of responsible journalism” (Rodina v. Latvia, Judgment,

para. 108).