2
ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT
were listed as the applicant organisation’s founders. This information was
specified on the front page of the newspaper.
6. Pursuant to the Articles of incorporation, the founders were in charge
of setting up an editorial board and determining the editorial policy; in the
case of disagreement on the editorial policy the matter was to be resolved by
a meeting of the founders’ representatives.
7. During the election campaign for the State Duma, the lower chamber
of Parliament, on 2 December 2007, the applicant organisation expressed to
the Electoral Committee of the Orel Region (see paragraph 41 below) its
intention to accept proposals for publication for a fee and, as required by
law, published the fees applicable to the publications on behalf of political
parties (30,000 roubles (RUB) per page). The applicant organisation
specified that the above fee “was not applicable to the newspaper’s
founder”. The applicant organisation signed a contract with the Communist
Party for this purpose for publications on 7, 14, 21 and 28 November 2007.
The contract mentioned a fee of RUB 30,000 per page; the total amount of
the contract was RUB 300,000 for ten pages. Some of the publications in
the applicant organisation’s newspaper on these dates did mention the
Party’s sponsorship, others did not (see paragraph 8 below).
A. Administrative offence case
8. Apart from the publications mentioned above, on 7 and 14 November
2007 the applicant organisation’s newspaper also published, in the same
weekly issues, two articles written by its staff correspondent, Ms O. Both
articles were critical of Mr Stroyev, the then governor of the Orel Region
and the former Chairman of the Federation Council (the upper chamber of
the Russian Parliament). Governor Stroyev was a candidate at those
elections: he was no. 1 on the regional list of United Russia (Единая
Россия), a political party aligned with President Putin and dominant in the
State Duma. The Communist Party was one of the main opposition parties
at those elections.
9. The first article was entitled ‘Hatred, Stroyev style’. It can be
summarised as follows. It described Governor Stroyev as a person
consumed by hatred towards people who oppose him. The journalist
referred to the decision of the governor to wind up a publicly owned
newspaper, Gorod Orel. According to journalist O., that decision was a
direct consequence of a conflict between Mr Stroyev and the newspaper’s
former editor-in-chief who kept criticising Stroyev’s policies. The speaker
of the municipal council, who was politically weak owing to a corruption
scandal involving municipal land, was unable to oppose the decision of the
governor to close the newspaper. Most of the regional journalists under
Stroyev became servile; those few who, like the editor-in-chief of Gorod
Orel, remained independent and refused to flatter Mr Stroyev, were