Member of Public Monitoring Committee is declared not guilty for his word «fool»

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Сергей Марьин, Республика Мордовия

Member of Public Monitoring Committee of Mordovia Republic, expert of «For convicts’ rights» Sergey Maryin due to unlawful actions of warden of the penal colony № 10 in Republic of Mordovia (Sergey Zabaykin) called him «fool».

Warden of the facility Zabaykin thought that Maryin had compromised on honour and dignity and filed a lawsuit against human rights defenders.

On 12 October the Oktyabrskiy regional court of Saransk presided by judge V.L. Kamakin upheld partially claim of warden Zabaykin and decided to collect 20 000 rubles from Sergey Maryin.

Sergey didn’t agree with judge and filed an appeal in the Supreme Court of Republic of Mordovia.

Sergey Maryin stated that his word «fool» was his emotional reaction to illegal actions of warden of the facility.

On 5 February 2015 juridical division for civil cases satisfied appeal of Sergey Maryin and called off decision of the Oktyabrskiy regional court of Saransk.

Thus, the Supreme Court again proved that according to article 10 of Convention on Human Rights and article 29 of Constitution which guarantee right to freedom of thought and words as well as freedom of media, when dealing with business defamation case trials should distinguish statements about truthful facts and value judge, opinions which are not subjects for court defense according to article 152 of Civil Code, because it’s expression of subjective opinion and cannot be verified.

Забайкин, ап опр стр 1Забайкин, ап опр стр 2

Забайкин, ап опр стр 3Забайкин, ап опр стр 4

Human rights defenders of the Urals

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