CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 18 avril 2013

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text-align:justify } .s60723A49 { margin-top:0pt; margin-left:39.7pt; margin-bottom:0pt; text-align:justify } .s81CCF55C { margin-top:0pt; margin-left:17pt; margin-bottom:12pt; text-indent:-17pt; text-align:justify } .s48DB3670 { margin-top:12pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s7CB9076 { margin-top:36pt; margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid } .s507451D6 { width:4.53pt; display:inline-block } .sF4F12EF6 { width:180.75pt; display:inline-block } .s7602FED2 { width:18.21pt; display:inline-block } .sC1AC44A4 { width:228.11pt; display:inline-block }       FIRST SECTION         CASE OF AGEYEVY v. RUSSIA   (Application no. 7075/10)             JUDGMENT     STRASBOURG   18 April 2013     FINAL   09/09/2013   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Ageyevy v. Russia, The European Court of Human Rights (First Section), sitting as a Chamber composed of:   Isabelle Berro-Lefèvre, President,   Mirjana Lazarova Trajkovska,   Julia Laffranque,   Linos-Alexandre Sicilianos,   Erik Møse,   Ksenija Turković,   Dmitry Dedov, judges, and Søren Nielsen, Section Registrar, Having deliberated in private on 26 March 2013, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 7075/10) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by two Russian nationals, Mr Anton Petrovich Ageyev and Mrs Larisa Vladimirovna Ageyeva (“the applicants”), on 21 January 2010. 2.     The applicants were represented by Ms Nadezhda Deyeva, Ms   Tatiana Chernikova, Ms Nadezhda Yermolayeva and Mr Furkat Tishayev, lawyers at the Memorial Human Rights Centre and practising in Moscow, and Ms Joanna Evans, Mr Philip Leach and Mr Bill Bowring, lawyers at the European Human Rights Advocacy Centre based in London. The respondent Government were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights. 3.     The applicants claimed that the sudden removal of their adopted children, the revocation of the adoption and the continued lack of access to the children following their removal was unlawful, disproportionate and arbitrary. They also complained of a breach of their privacy by the media and the authorities, who had gained access to G. during his stay in hospital, widely disseminated private information about the applicants and their children and given premature, factually incorrect and defamatory assessments of what had happened. The applicants also complained about the domestic courts’ failure to protect them in this connection. They relied on Articles 3, 6, 8, 13 and 14 of the Convention. 4.     On 27 August 2010 the application was communicated to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 1). THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 5.     The applicants were born in 1962 and 1963 respectively and live in the village of Korobovo in the Leninskiy District of the Moscow Region. A.     The background to the case 1.     The adoption proceedings 6.     The applicants have been married since 1990. 7.     In 2000 their seventeen-year-old son R., who suffered from widespread vasculitis, died. Some time later the couple decided to adopt two children. 8 .     On 19 March 2008 the Nagatinskiy District Court of the City of Moscow approved the applicants’ full adoption of two unrelated children, a boy, A. (first name), born on 7 April 2005, and a girl, D. (first name), born on 11 June 2006. 9 .     Following the adoption, the children became brother and sister and their first names were changed from A. to G. and from D. to P. respectively. Their surnames and patronymics were also changed to reflect the surname of their adoptive parents and the first name of their adoptive father. 2.     The children’s medical condition at the time of the adoption 10 .     Both children had been removed from their respective birth parents’ care in their infancy. The boy was aged one year and six months at the time of the removal, whilst the girl was aged seven months. Prior to adoption, both children had lived in various foster homes and displayed slight developmental delays. G. was recorded as being developmentally delayed in speech and motor skills and to have suffered neglect. It appears that G. had problems walking and often fell. As a result, he had three front teeth missing. At the time of her removal, P. was recorded as having minor heart anomalies and delays in her mental and verbal skills. 3.     General information concerning the applicants’ life with G. and P. prior to the incident of 20 March 2009 11.     After the adoption the children lived with the applicants as a family in a detached two-storey house in the village of Korobovo in the Leninskiy District of the Moscow Region. 12.     The children’s placement was assessed prior to the adoption and the Leninskiy District Custody and Guardianship Agency (“the Leninskiy District Agency”) made two post-adoption visits to their home, in May and September 2008. (a)     Report on examination of living conditions dated 21 May 2008 13 .     On 21 May 2008 official E. of the Leninskiy District Agency visited the applicants’ house and issued a report describing the family’s living conditions. The report stated, in particular, that the house was “kept in order, the rooms had furniture, had been recently renovated, all rooms being decorated with wood, the floor having been covered with laminated wood and soft carpets”. The report mentioned that the family was well-off financially and that the children had a room measuring 20 square metres containing two beds, a wardrobe and many toys. The report did not mention any problems, and concluded that the living conditions were in compliance with the relevant requirements and that relations within the family were “normal”. 14 .     The report was approved by the head of the Leninskiy District Agency, Ms F. (b)     Report on examination of living conditions dated 12 September 2008 15 .     On 12 September 2008 official E. of the Leninskiy District Agency again visited the house and issued a report on the living conditions. The report concluded: “it was excellent that the children’s living conditions and their relations with the family were normal and that normal conditions had been created for bringing up the children”. 16 .     Following this visit, official E. also issued a separate report stating as follows: “... it is a good family, in which two children are being brought up. They have grown and developed a sun-tan over the summer period. They have spent time with their parents in the south. The children are very cheerful and lively. The speech of P. has become more articulate, whilst G.’s has become good, with much thorough composition and expression of thoughts. The boy is very active; his hyperactivity is a concern to the parents, they are going to take the boy to a neurologist at a medical centre for children. P. has become calm and affectionate. The children like to listen to and look at the books read aloud to them by their parents ...” “... [the applicants] create all the necessary conditions for the children. G. and P. are being correctly fed a varied diet, including many vegetables and fruit. G. loves meat, whilst P. loves dairy products ...” “The children are attached to [their parents]. The family lives in a cottage situated in a suburban area, in which the children have a room measuring some 18 square metres with two beds, a wardrobe and a table. All furniture is suitable for their size and age. The children continue to be fashionably and well dressed. There are even more board games stimulating development. [The second applicant] accompanies the children to the educational centre for children in Moscow. The centre gives its classes four times a week. The parents are very happy because the knowledge and skills acquired during these classes have produced demonstrable results for P. and G.” 17 .     The report went on to conclude that: “... the living conditions for the children in the family as well as the relations between the parents and children are good. The children communicate happily with their parents. The parents love their children and take care of them.” B.     Incident of 20 March 2009 18.     In the evening of 20 March 2009, at around 7.30 p.m., all the family was at home and the children were playing in the house. 19.     The second applicant saw G. lying near the stairs. G. was bleeding and had burns on his face. She called the first applicant and they immediately tried to give G. first aid, treating the wounds with hydrogen dioxide and applying plasters on the wounds. G. was put to bed. 20.     The applicants submitted that they had not seen how the incident had occurred, but they suspected that because of a momentary lack of supervision G. might have scalded himself with hot water from an electric kettle on the second floor and then run downstairs, falling on the stairs. 21.     At around 9 p.m. the applicants examined G. and saw that the left side of their son’s face was red, the plasters had come unstuck and the wounds on his chin and eyebrow had started bleeding again. The applicants decided that it was necessary to have him checked by a doctor. 22.     At 9.50 p.m. the first applicant took G. to the Emergency Unit of Children’s Hospital No. 145 of Moscow. Since the Unit was not open, he took the boy to the Burn Care Centre of the G. N. Spiranskiy Children’s Hospital No. 9 of the Department of Healthcare of the City of Moscow (“the Burn Care Hospital”). 23.     From that date until 27 March 2009 G. remained in the hospital for treatment. 24.     The admission entry of 20 March 2009 in G.’s medical file no. 2264 from the Burn Care Hospital described G.’s condition as “serious”. He was diagnosed by the surgeon on duty as follows: “... closed crano-cerebral trauma, brain concussion? A burn caused by hot liquid, I ‑ II-IIIA degree, to the face covering S=8% of the body’s surface. Bruises to the head. Multiple scratches, bruises, haematomas on the body, limbs and sexual organs of various degrees of maturity. Battered child syndrome?” 25.     A combined report by the surgeon in charge and the resuscitation specialist made later the same day confirmed the above conclusions, with a reduction of the estimated surface of the burn to 4%. C.     Removal orders of 27 and 28 March 2009 26 .     In the morning of 23 March 2009 official E. of the Leninskiy District Agency, along with her colleague Ef., again visited the applicants’ house. The resulting report stated that the next visit had been planned for April 2009 but that because of the incident of 20 March 2009, of which the Agency had learnt from the police on 23 March 2009, it had been decided to visit the applicants immediately. The report stated in respect of the incident: “... G. was in hospital, since, according to the parents, on 20 March 2009 he had spilled boiling water from a kettle on himself and, panicking, tripped and fallen down the stairs. The boy had been brought by [the first applicant] to [the hospital]. [The second applicant] was in a state of shock during the visit, could hardly speak and was constantly crying. The minor child P. was all the time nearby and did not leave her mother even for a second.” 27 .     The report further stated that the family would be visited and checked frequently and that the information about the incident was to be transferred to the municipal authority responsible for the adoption. 28.     On 27 March 2009, at the applicants’ request, G. was discharged from the Burn Care Hospital and returned home. 29.     On the same day the Head of the Golyanovo District Custody and Guardianship Agency (“the Golyanovo District Agency”) issued removal orders in respect of G. and P. because of an “immediate threat to their health and life”. 30.     It appears that later on 27 March 2009 officials M., S. and F. of the Golyanovo District Agency visited the applicants’ house. The resulting report stated that because of the incident of 20 March 2009 and the institution of criminal proceedings in that connection, as well as because of the media coverage of the case, it had been decided to visit the applicants’ family and to consider the question of removing the children pending the investigation. The report then went on as follows: “... From the interviews with the children it was established that the parents loved them; the children looked well groomed and clean. During the visit the children were playing and looked happy; they then watched a fairy tale, held and kissed their mother affectionately ... Given that there was no immediate threat to the life and health of the children, the children were sleeping and the family would remain under the close supervision of the [Golyanovo District Agency], and regard being had to the pending investigation, we consider it unnecessary to remove the children and that consideration of the question should be suspended until the conclusion of the criminal case.” 31.     It appears that based on the findings of the above report the Head of the Golyanovo District Agency withdrew the removal orders on 28 March 2009. 32.     In a letter of the same date the Deputy Head of the Main Department of the Interior in the Moscow Region, K., referred the Head of the Golyanovo District Agency to the incident of 20 March 2009 and then stated: “With a view to avoiding any pressure from the parents on G. and the infliction of any physical or mental harm on him, I would ask you to consider the possibility of removing G. from the conditions representing a threat to his life and health pending the resolution of [these criminal proceedings].” 33 .     Furthermore, on 28 March 2009 other officials of the Golyanovo District Agency G., Z. and E. compiled the following report: “... as a result of examining the housing and living conditions of the family of [the applicants], the visits of the officials of the [agency] during the period from 23 March 2009 to 28 March 2009, and reviewing the video materials presented by the family showing episodes from the life of the parents and children, and the continuous interviews with [the applicants], the following has been established: At present, despite repeated recommendations by the officials of the agency, the stairs connecting the first and second floors have still not been made secure (according to [the applicants] it was precisely these stairs that caused serious injuries to G., who fell down them). The previous security mechanism had been taken down before the New Year period. The injuries received by the minor child G. on 20 March 2009 were not without precedent. Serious falls of the child occurred previously as well, as can be seen from the video materials in the family archive, as well as being confirmed by the parents. Given the above, as well as the institution of criminal proceedings ... together with the fact of the infliction of the injuries in question, we consider that the parents do not fulfil the security requirements for the life and health of minors and do not keep a close enough watch over the children, who are prone to trauma because of their high levels of activity and mobility . Thus there are reasons to remove [the children] from their parents.” 34 .     Late in the evening of 28 March 2009 official F. of the Golyanovo District Agency accordingly issued removal orders in respect of G. and P. because of “the immediate threat to their health and life”. 35 .     On 29 March, at around 9 p.m., the removal of both children took place, with both children being placed in the Vidnovskaya District Hospital. 36 .     On 31 March 2009 the children were removed from the Vidnovskaya District Hospital and were placed in the Morozovskaya City Children’s Hospital. D.     Court proceedings concerning the removal orders 37.     On 10 April 2009 the applicants challenged the removal orders. They argued that the authorities had acted unlawfully and that the orders were generally unjustified and disproportionate. The applicants maintained that the authorities had denied them any possibility of visiting the children. 38.     On 24 April 2009 the Golyanovo District Agency carried out an additional investigation into the living conditions of the applicants’ family. 39.     On 27 April 2009 the Golyanovo District Agency replied to the applicants’ challenge. 40 .     On 28 April 2009 the Vidnovskiy District Court of the Moscow Region (“the Vidnovskiy District Court”) held a hearing in the case and rejected the applicants’ challenge to the removal orders as follows: “... having before it the explanations of the participants in the proceedings, the statements of witnesses and the case materials, the court finds that the [applicants’] claims are unfounded for the following reasons. In accordance with part 1 of Article 77 of the Family Code, in case of an imminent threat to the life and health of a child [the agency] can immediately remove the child from its parents, the removal being carried out on the basis of a decision by a municipal authority ... Taking into account the evidence collected, the court is also of the view that there were reasons to remove the children because of an immediate threat to their life and health. On the date the contested removal order was made, the stairs [in question] had still not been secured, despite repeated warnings. Criminal proceedings have been brought in respect of [the second applicant] ... and investigative actions are being taken. In view of this situation, with the presence of serious injuries on G. and the failure to secure the hazardous items, [the agency] had reasons to issue the removal orders ...” 41 .     On 21 July 2009, upon an appeal by the applicants, the Moscow Regional Court upheld the judgment of 28 April 2009, essentially confirming the conclusions of the first-instance court. E.     Court proceedings concerning the revocation of the adoption 42.     On 1 April 2009 the Golyanovo District Agency brought court proceedings for the revocation of the adoption of G. and P. in the Preobrazhenskiy District Court of the City of Moscow (“the Preobrazhenskiy District Court”). 43.     On 15 and 27 May 2009 the Preobrazhenskiy District Court held hearings in the case. 44 .     On 17 June 2009 the Preobrazhenskiy District Court rendered a judgment in the case in which it revoked the adoption. The court stated as follows: “On 28 March 2009 [the Agency] conducted a check of the applicant’s house, which included a review of video materials showing episodes in the life of the parents and children and, as a result of continuous interviews with [the applicants], it was established that the stairs [in question] had still not been secured, whilst the trauma sustained on 20 March 2009 by G. was not an unusual event because serious falls had taken place before as well. The fact of G. having fallen off the dog’s kennel (in February 2009), which occurred before the incident of 20 March 2009, was not denied by the [applicants] in court. On 28 March 2009 [G. and P.] were removed from the [applicants’ family] owing to the situation in the family, which posed a threat to the life and health of the children, as well as owing to the institution of criminal proceedings ... On 30 March 2009 the Vidnovskaya District Hospital issued the results of an examination of the children from which it could be seen that P. had arrived at the hospital in a satisfactory condition, but with a wet cough, a congested pharynx, rough breathing, elongated exhalation, wheezing, ... diagnosis: obstructive bronchitis. At the same time, until the removal the child had not been treated by a paediatrician, since [the applicants] had not registered the child with a hospital and had not had her examined by a paediatrician. The examination of G. showed that his condition was satisfactory and that he was admitted suffering from the consequences of skull and brain trauma as well as a thermal burn to the face and scalp. In the set of criminal proceedings instituted on 22 April 2009 [the second applicant] was accused of a criminal offence under subpart (d), part 2, of Articles 117 and 156 of the Criminal Code, whilst [the first applicant] was accused under Article 156 of the Criminal Code. On 31 March 2009 the children G. and P. were placed in the Morozovskaya City Children’s Clinical Hospital for a medical examination and treatment as a result of their transfer from the Vidnovskaya District Hospital of the Moscow Region. G. was admitted to the Morozovskaya Hospital in a moderately serious condition. At the time of his admission ... G. was diagnosed as follows: hyperactivity syndrome with attention deficit, bruises on the left frontal bone and scratches on the body and extremities, balanitis, navel hernia, seborrhoeic dermatitis. From the medical card it also appears that apart from the above-mentioned diagnosis, G. was also diagnosed with developmental delay, acute rhino-pharyngitis, functional cardiopathy, acute pancreatitis, dyskinesia of the biliary pathways, slight isometropic myopia, acute allergic reaction (food) and first-degree obstruction of the adenoids. At the time of her admission ... P. was diagnosed as having: minimal brain dysfunction, acute rhino-pharyngitis, functional cardiopathy, reactive pancreatitis, dyskinesia of the biliary pathways, weak long vision, acute allergic reaction (food). The condition at the time of admission was of medium gravity. The above diagnosis confirms that the [applicants] failed to pay sufficient attention to the children’s health, did not take steps to treat them in due time and moreover did not even register them with a local polyclinic ... Moreover, as has been established by the court and can be seen from the statements of the [applicants], they are not keen to apply to [local] polyclinics and prefer self ‑ treatment for both themselves and their children, as well as an uncontrolled cold ‑ water treatment, which, according to the [agency], the prosecutor and the court, is obviously not in the children’s interest and actually poses a danger to the life and health of the children remaining in this [family] without access to the necessary medical aid. Further, at the time of [the adoption] they were given recommendations concerning the mandatory follow-up of each child by the appropriate doctors, including a paediatrician. It cannot be concluded from the fact that the [applicants] took their children to a neurologist, orthopaedist, and dentist, that they took due care of the children’s health, since the examinations at the Vidnovskaya and Morozovskaya hospitals diagnosed the children as being in need of treatment by doctors and attention from the [applicants], but the [applicants] did not take any such measures. The [applicants’ family] did not find the time to obtain medical insurance certificates in due time and only on 10 December 2008 did they receive an insurance certificate in respect of P., and on 18 March 2009 in respect of G. This also confirms their improper attitude in respect of the children’s health, and that very attitude fails in securing the protection of the children’s health and poses a threat to the health and life of the children ... ... under Article 141 of the Family Code an adoption may be revoked in cases where the adoptive parents fail to fulfil their parental obligations, abuse their parental rights, treat the adopted children cruelly, or suffer from chronic alcoholism or drug addiction. The court may also revoke an adoption in other cases, taking into account the interests of the child and having regard to the children’s opinion. The court is of the view that in the present case there are grounds to revoke the adoption because the [applicants] had an improper attitude in respect of the health and security of the children, which posed and still poses a danger to the life and health of the children, including, among other things, failure to provide the children with the necessary medical assistance, which, it was established by the court, they need. The reckless attitude of the [applicants] in respect of the health and security of the children, and the strong inclination of the [applicants] towards self-treatment poses a danger to the life and health of the children, and therefore the revocation of the adoption is in [the children’s] interest. The fact that the [applicants] have received positive character references, including by all witnesses questioned by the court during the examination of the case, and that they have some savings and property, even though they are unemployed, as well as the fact that they wish to continue to bring up the children, cannot serve as a basis for refusing the application, since the claims have been proved and [the application] is made solely in the interests of the children. The statements of witnesses [who all without exception gave positive character references concerning the applicants] ... cannot be taken into account by the court in order to reject the application, since those witnesses did not witness the events of 20   March 2009 and these events pose a threat to the security of the children, and to their life and health, and make it impossibile for the children to remain in the [applicants’] family. Having examined the evidence presented ... and taking into account the opinion of the [agency] concerning the need to revoke the adoption of the children, and given the improper attitude of the [applicants] in respect of the health and security of the children, the court finds that the application must be granted in full, since this is in the interests of the children, who in the future will be able to find a home with another family that will take due care of them and provide them with secure conditions for their life and development, as well as take due care of their health and development ...” 45.     In addition to revoking the adoption, the court cancelled the relevant entries in the official database concerning the parental relationship between the applicants and G. and P. 46.     On 22 June 2009 the Preobrazhenskiy District Court issued a full version of the judgment. 47.     The judgment was upheld on appeal by the Moscow Regional Court on 13 August 2009. F.     Criminal proceedings against the applicants 48 .     On 26 March 2009 criminal proceedings were brought by the investigatory department of the Main Directorate of Investigations of the Moscow Regional Department of the Interior (“the investigation authority”) against the applicants on account of the incident of 20 March 2009. 49.     On 28 March 2009 G. was examined at the State institute of forensic examinations in the town of Vidnoye in the Moscow Region. 50.     Between 13 May and 8 July 2009 G. was also examined at the Bureau of Forensic Examinations of the State Department of Health of the Moscow Region. The commission consisted of eight doctors of various specialisations, including paediatricians. 51.     On the basis of the evidence collected during the criminal investigation, on 23 November 2009 the investigation authority brought criminal charges against the second applicant. She was charged under Article   156 (non-fulfilment of duties relating to the care of minors), part 2 of subpart “d” of Article 117 (infliction of physical sufferings through regular beatings in respect of a minor), part 2 of subpart “c” of Article 112 (intentional infliction of moderate harm on health in respect of a person in a helpless situation) and Article 125 (knowingly leaving in a dangerous situation a person incapable of taking measures to save himself due to young age) of the Criminal Code of Russia. Criminal charges were also brought against the first applicant. He was charged in connection with the same events under Articles 156 and 125 of the Criminal Code. G. became a victim in the criminal case, his interests being represented by an official of the Leninskiy District Agency. 52.     During the hearing of 29 March 2010 the trial court examined the witness Prod., a principal doctor at the Burn Care Hospital. He stated, among other things, that the press had been “admitted upon the order of someone in the Department of Health of Moscow, to be ‘allowed at [his] discretion’...”. 53 .     During a cross-examination on the same date, witness Dav., a children’s surgeon at the same hospital, admitted that the photographs disseminated by the media had been taken with her personal camera but stated that they had been taken by someone else and not by her. As regards the question whether it was usual practice to take photographs of sick patients, she stated as follows: “I know nothing about such a practice, I did it only once, with the permission of the patient ...”. 54.     She also stated: “... during the medical examination I asked the father what had happened and where the injuries had come from, to which the father ... responded that the boy had spilled hot water on himself from a kettle and then fallen down the stairs leading from the second to the first floor. Thereafter the father went [out of the room] and I asked the child [the same question]. The boy answered that his mother had pushed him, and at that moment the boy’s father came back and, having apparently overheard our conversation, said that the child would ‘come up with a story’ now. Since the child was diagnosed with having injuries dating from different times, I indicated to the medical sister in charge that she should ... [report the case to the police] ...”. 55 .     On the same day, during a cross-examination before the trial court the witness Gor., head of the department of microsurgery at the same hospital, admitted that the photograph distributed by the media had been taken by him, that photographs had been taken for professional use and that he had given them to doctor Pen. He also admitted that no consent had been obtained either from G. or from his parents in connection with the taking of the photographs, that the taking of photographs was not a usual practice, and that the photographs had been taken because “the police had been informed [about the case]”. 56 .     Doctor Pen., the head of the third department of traumatology, was questioned as a witness on the same day. He gave evidence as follows: “Q: Explain more about the photographs of G. and how you gave them out and to whom? A: Since the child was in my department, they were all here. Then Mr Ger. came, and showed his ID as an assistant to [a well known member of the Russian State Duma] and very seriously asked me to make him copies. I remembered that I was obliged to obey. Ger. then went to my PC and sent the photographs by electronic mail to his account. Q: Did you check his identity? A: He showed his ID. Q: Did he show you a written request for information? A: No. ... Q: What was the purpose of these photographs? A: They had no value for me – G. had third-degree burns, that is quite rare. They heal on their own. Usually burns are deep and take a longer time to recover. ... Q: Were you fired [after the events]? A: Yes, but not because of the photographs, but because of the admission of the press into the department. Q: Did you do it [allow the admission of the press]? A: No, that was the order of my superior ...” 57 .     The witness Leb., a doctor with the emergency services, was questioned in court on the same day and stated it was he who had made an entry in the medical file to the effect that G.’s father had told him that G. had been ill-treated by his drunken mother. He conceded that this information was a falsehood, that the first applicant had never told him this, that he had no grounds to believe it, and that he had made this entry as a result of “pure emotion”. 58.     On 15 November 2010 the Vidnovskiy District Court of the Moscow Region examined the criminal case against the applicants and delivered their judgment. The first applicant was acquitted in respect of the charges under Article 156 of the Code and the prosecution had dropped the charges against him under Article 125 of the Criminal Code. The second applicant was found guilty under Articles 156 (non-fulfilment of duties relating to the care of minors) and 115 (intentional infliction of mild harm to health) of the Criminal Code. She received a cumulative sentence of one year and eight months’ correctional work, which meant that during that period the second applicant had to pay fifteen per cent of her salary to the State. As regards the other charges, the second applicant was either acquitted or the charges were dropped. 59.     Both the second applicant and the legal representatives of G. appealed against the judgment. They all disagreed with the court’s conclusion and argued that the second applicant should be acquitted in full. 60.     The prosecution also appealed against the judgment, insisting that the applicants were guilty and demanding the quashing of the judgment in the part acquitting them. 61 .     On 17 February 2011 the Moscow Regional Court examined and rejected the parties’ appeals and upheld the judgment of 5 March 2010. G.     Media coverage of the case and libel proceedings 1.     The applicants’ account 62 .     The applicants submitted that during G.’s stay in the Burn Care Hospital between 20 and 27 March 2009, the hospital’s administration on several occasions admitted a number of third persons, including journalists, photographers and various public figures, to G.’s room. These third persons were allowed to interview G. and to take photographs of him and his injuries. Among those admitted to see G. by the hospital’s administration was one Ger., an assistant to a well-known member of the Russian State Duma. 63 .     The applicants were not informed about these visits, interviews and photograph sessions, let alone asked for their authorisation. 64 .     On 24 March 2009 a number of national media sources belonging to the same media group and including the life.ru website and the newspapers Zhizn’ and Tvoy den’ started publishing material about the case of G. and his adoptive parents, using their full names and photographs. According to the applicants, the material included photographs of G. in the Burn Care Hospital and suggested that G.’s injuries had been caused by ill-treatment at the hands of his parents. The newspapers also learned from unspecified sources of G.’s adopted status and at once made this information public. 65 .     Thereafter various national media sources followed suit, publishing articles with the following titles: “Mother with a devil’s heart”, “I was beaten by my Mum”, “Mummy beat me up with a hot kettle full of boiling water”, “Monster-mummy is facing jail for ill-treatment of child”, “Mummy tortured adopted [child]”, “Gestapo Mummy” and so on. 66.     On 30 March 2009 the applicants’ case was discussed in the Public Chamber of the Russian Federation. 67 .     On 16 April 2009 the Russia-wide TV channel Pervyy broadcast a programme, Pust’ Govoryat , (“Let them speak”) entirely devoted to the applicants’ case, with various individuals, including public figures, commenting and speculating on what had happened to G. and what was the appropriate State reaction in this connection. Ger. was invited as a guest and stated as follows: “... The child was admitted to hospital with so-called multi-trauma. This means that the injuries were not isolated but were multiple, including the burn on the face and heavy beatings and bruises to the sexual organs. And the doctors have now clearly given an assessment of these actions. They say that the child was admitted unconscious, which means that he could not tolerate the level of pain that he was suffering at home. And he was at home in this condition not for just one day. And the parents had taken him to the hospital not to have stitches to a scratch on his face, but because he was nearly dead. This is clearly confirmed by doctors ...” 68 .     This statement was accompanied by both photographs and video footage of G. taken by the crew of the television channel during his stay in hospital. It is clear from the video footage that the media crew had direct access to G. during filming. During the programme Ger. publicly showed photographs of G. obtained from the doctors of the Burn Care Hospital. 69 .     On 17 October 2009 the NTV channel broadcast video footage of G. in the Burn Care Hospital in its programme Maksimum . The media crew had direct contact with G. and was, among other things, able to question him in respect of the circumstances of the incident. 2.     The Government’s account 70 .     The Government submitted that the Burn Care Hospital did not keep any logs of visits by third persons, but that visits by third persons were possible under the applicable rules. The Government admitted that the applicants’ allegations concerning unauthorised access to G. by third persons, the unauthorised taking of photographs of G. and the dissemination of these photographs were true. They submitted the following description of the events. 71.     On 23 March 2009 a police officer was admitted for a talk with a doctor and the hospital administration. He did not have access to G. 72 .     On 25 March 2009, with the permission of the Department of Health of the City of Moscow and the hospital administration, four media crews from the leading Russian TV channels ( Pervyy , Vesti , NTV and TNT) were admitted to the relevant department, but did not have access to G., so they stood and filmed their footage in the lobby. 73 .     On 26 March 2009 the head of the relevant department of the hospital received a direct oral request from Ger. seeking to gather information about the child. Ger. did not have access to the child, but he received electronic copies of photographs of G. with injuries, in hospital settings. According to the Government, the photographs had not been meant for dissemination in public but had been taken by a doctor for professional reasons. 74 .     The Government also submitted that on 31 March 2009 the Presnenskiy Interdistrict Prosecutor’s office of the City of Moscow had issued an official warning to the Burn Care Hospital in connection with media access to the hospital. This warning had resulted in the decision to dismiss the head of the department, Pen., and to reprimand a deputy principal doctor at the hospital. The Government denied that the leaks about the adopted status of the child had come from the doctors of that hospital. 3.     The applicants’ attempts to initiate proceedings in connection with these events (a)     The applicants’ attempts to institute a criminal investigation in respect of the breach of the secrecy of the adoption and the invasion of their privacy 75 .     On 5 November 2009 the applicants requested the investigation authorities to institute criminal proceedings in respect of a breach of secrecy concerning the adopted status of their children under Article 155 of the Criminal Code. 76 .     It appears that this application was initially joined to the criminal proceedings in connection with G.’s alleged ill-treatment. In the decision of 23 November 2009 the investigation authority mentioned that the secrecy of G’s adoption had been breached. The discussion of this question apparently did not initially result in any developments leadi