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Старый 22.04.2010, 23:38   #464
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Из решения Евросуда:

13. More than a year after the publication of the above article, during the period from December 2006 to January 2007, a person registered under the username “Eynulla Fatullayev”, identifying himself as the applicant, made a number of postings on the publicly accessible Internet forum of a website called AzeriTriColor. The postings were made in a specific forum thread dedicated to other forum members' questions to the forum member named “Eynulla Fatullayev” about the contents of “The Karabakh Diary”. In his various answers to those questions, the person posting under the username “Eynulla Fatullayev” made, inter alia, the following statements:
“I have visited this town [Naftalan] where I have spoken to hundreds (I repeat, hundreds) of refugees who insisted that there had been a corridor and that they had remained alive owing to this corridor ...
You see, it was wartime and there was a front line... Of course, Armenians were killing [the civilians], but part of the Khojaly inhabitants had been fired upon by our own [troops]... Whether it was done intentionally or not is to be determined by investigators. ...
[They were killed] not by [some] mysterious [shooters], but by provocateurs from the NFA battalions ... [The corpses] had been mutilated by our own ...”

2. Civil action against the applicant
14. On 23 February 2007 Ms T. Chaladze, the Head of the Centre for Protection of Refugees and Displaced Persons, brought a civil action against the applicant in the Yasamal District Court. She claimed that the applicant had “for a long period of time insulted the honour and dignity of the victims of the Khojaly Tragedy, persons killed during those tragic events and their relatives, as well as veterans of the Karabakh War, soldiers of the Azerbaijani National Army and the entire Azerbaijani people”. She alleged that the applicant had done so by making the above-mentioned statements in his article “The Karabakh Diary” as well as by making similar insulting statements on the forum of the AzeriTriColor website. Ms Chaladze attributed the authorship of the Internet forum postings made from the forum account with the username “Eynulla Fatullayev” to the applicant.

15. In his submissions to the court, the applicant argued that the forum postings at the AzeriTriColor website had not been written by him and denied making these statements. He also argued that, in “The Karabakh Diary”, he had merely reported the information given to him by persons whom he had interviewed.

16. The Yasamal District Court, sitting as a single-judge formation composed of Judge I. Ismayilov, heard evidence from a number of refugees from Khojaly, all of whom testified about their escape from the town and noted that they had not been fired upon by Azerbaijani soldiers and that the applicant's assertions concerning this were false. Furthermore, having examined electronic evidence and witness statements, the court established that the postings on the AzeriTriColor forum had indeed been made by the applicant himself and that they had been posted in response to various questions by readers of Realny Azerbaijan. The court found that the applicant and the newspaper had disseminated false and unproven statements tarnishing the honour and dignity of the survivors of the Khojaly events.

17. In view of the above findings, on 6 April 2007 the Yasamal District Court upheld Ms Chaladze's claim and ordered the applicant to publish, in Realny Azerbaijan and on related websites, a retraction of his statements and an apology to the refugees from Khojaly and the newspaper's readers. The court also ordered the applicant and Realny Azerbaijan to pay 10,000 New Azerbaijani manats (AZN – approximately 8,500 euros) each in respect of non-pecuniary damage. This total award of AZN 20,000 was to be spent on upgrading the living conditions of the refugees from Khojaly temporarily residing in Naftalan.
72. The applicant noted that, in his article, there was no statement asserting that any of the Khojaly victims had been killed or mutilated by Azerbaijani fighters. These specific statements had been made by an unidentified person on the Internet forums of the AzeriTriColor website. The applicant insisted that these statements had not been made by him and that, despite his submissions to this effect before the domestic courts, he had been convicted mainly on the basis of these statements, which had been made by someone else. In any event, the statements did not deny the fact of the “Khojaly tragedy”; they simply made assumptions as to what could possibly have caused it. Even though these assumptions might have been made in the absence of sufficient factual basis, they should have been regarded as recourse to a degree of exaggeration allowed by the freedom of expression.
93. As to the remarks made in postings on the Internet forum of the AzeriTriColor website which were attributed to the applicant, the Court notes that the applicant denied making them. Nevertheless, having regard to the entirety of the evidence examined by the domestic courts in order to determine the applicant's authorship of these postings, the Court notes that it appears to be quite convincing. In such circumstances, the Court will accept that the applicant's authorship of these statements had been proved beyond reasonable doubt.
Тема Нагорного Карабаха далеко не исчерпана. Рано или поздно, если только какой-нибудь метеорит не уничтожит половину населения земного шара, азербайджанцы все равно попытаются решить этот вопрос. ©

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