ROMAN ZAKHAROV v. RUSSIA – SEPARATE OPINIONS
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insufficient the argument by the plaintiffs (including human rights, legal and
media organisations) that they were likely to be subject to surveillance due
to the nature of their work.
I shall stop here, leaving the discussions on judicial aggression, activism
or restraint for academics. I should like merely to close my opinion by
quoting Edward Snowden: “With each court victory, with every change in
the law, we demonstrate facts are more convincing than fear. As a society,
we rediscover that the value of a right is not in what it hides, but in what it
protects.”