Ukrainian journalist, founder of the online publication "

The decision on February 11 was published on the court website.

The court made a collective decision in the New Gazeta case and others against Russia, in which he considered 161 complaints against the Russian Federation filed by the media and individual applicants. Murza, Russian journalist Michael Naki, Russian artist Alexandra Skochilenko and others.

Gordon filed an application with the court in September 2022 before Russia finally came out of the jurisdiction of the ECHR.

The court unanimously decided that in the case of Gordon and other applicants from the Russian Federation,. 10 of the European Convention on Human Rights (it refers to the freedom of expression). The court concluded that there was a systemic model of restricting messages related to the war in Ukraine, this indicates coordinated efforts to suppress dissent, and not to counteract any threat of national security. "

The decision in the case was made on a record time: two and a half years have passed since the application of Gordon’s application, although usually such cases are considered from five to ten years.

Paragraph p. 121 decisions (details about it are described below) actually creates a precedent, since the court ruled that even if journalists make tough statements about the aggressor of Russia and its illegitimate President Vladimir Putin, they should be considered only in the context in which they were made. Now, Ukrainian journalists, experts and all public people can appeal to this point: even if there were tough statements or abuse, the courts should always take into account in which context and under what conditions these statements have made and whether the persecution is a violation. 10 Convention.

Gordon's case was one of the few that the court considered individually. The decision describes in detail the history of the persecution of a journalist by the Russian authorities. It began with a statement made by Gordon in March 2022. He said that we need to speak the language of power with Russia, because this is the only language that he understands well. " Russians must be beaten - not ordinary people, but the Putin state and those freaks who invaded our land. And kill him. This is the most important work for the entire civilized world, ”the journalist said.

After this, the investigation of the Russian Federation began a criminal investigation against Gordon under three articles of the Criminal Code, in the Russian Federation he was listed as terrorists and extremists, issued a warrant for his arrest, recognized as an “ino -agent”, and in July 2024, a military court in Moscow sentenced him in absentia. The decision of the ECHR notes that not a single Russian body handed Gordon any documents in this criminal case. The court also noted that the introduction of Gordon in the list of "

The court dated in detail on Gordon’s statement and whether it is possible to interpret it as propaganda of violence against Russian military personnel and the leadership of the Russian Federation (p (p. 121 solutions). The court noted that in general, the states have a “wide freedom of discretion” in the regulation of statements, equivalent to the glorification of violence, but when considering such cases, national courts are required to carefully study and content the statements, and the context in which they made them. In the case of Gordon, the Russian court did not evaluate whether such statements were able to directly incite illegal acts of violence or they were “an expression of emotional support” of Ukraine’s legal right to self -defense in accordance with international law.

The court reminded that these statements were made shortly after the start of the full -scale invasion of Russia into Ukraine, when Russia attacked Ukrainian cities, civilians died.

" His comments about the nuclei as restraint, ”explained in the decision.

The ECHR believes that such an undifferentiated approach of the Russian court indicates that the goal of pursuing Gordon was not to prevent incitement to violence, but suppression of any criticism of Russian military operations.