Communicated on 14 March 2019<\/p>\n
THIRD SECTION<\/p>\n
Application no. 49351\/18
\nNikolay Yuryevich DYACHKOV against Russia
\nand 2 other applications
\n(see list appended)<\/p>\n
SUBJECT MATTER OF THE CASES<\/p>\n
Mr Navalnyy, a Russian politician, was not authorised to stand as a candidate in the 2018 presidential election. He then launched a campaign called \u201cVoters\u2019 strike\u201d, inter alia, calling voters not to cast a vote in the presidential election. The applicants ordered and\/or distributed (in one manner or another) leaflets relating to that campaign. They were then sentenced to fines from 1,000 to 4,500 Russian roubles[1] because the actions of two applicants (Application nos. 49351\/18 and 50054\/18) were classified as impediment to the work of an electoral committee and\/or as impediment to the voting process, an offence under Article 5.69 of the Code of Administrative Offences (CAO) and, for the third one (Application no.\u00a050424\/18) as distribution of \u201celectoral campaigning\u201d materials without providing a copy of them to an electoral committee, which is an offence under Article 5.12 of the CAO.[2]<\/p>\n
Common QUESTIONS<\/p>\n
1.\u00a0\u00a0Was there a violation of Article 10 of the Convention on account of the fine imposed on each applicant? In particular:<\/p>\n
–\u00a0\u00a0Was the interference \u201cprescribed by law\u201d (see also below under Article\u00a07 of the Convention as regards two applicants)? As to Application no. 50424\/18, was it foreseeable that Russian law (including sections 49 and\u00a054 of the Presidential Election Act of 10 January 2003) prohibited expression – by non-candidates \u2013 containing calls to boycott an election or restricts such expression by way of classifying them as electoral campaigning?<\/p>\n
–\u00a0\u00a0What legitimate aim under Article 10 \u00a7 2 was sought to be achieved by the applicable legislation (compare Orlovskaya Iskra v. Russia, no.\u00a042911\/08, \u00a7\u00a7 99-105, 21 February 2017)?<\/p>\n
–\u00a0\u00a0Was the interference \u201cnecessary in a democratic society\u201d? Did the domestic authorities adduce relevant and sufficient reasons for it?<\/p>\n
2.\u00a0\u00a0Was there a violation of Article 6 \u00a7\u00a7 1 and 3 of the Convention, inter alia, on account of the lack of an opportunity to examine police officers or other public officials (compare with Butkevich v. Russia, no.\u00a05865\/07<\/a>, \u00a7\u00a7\u00a094-103, 13 February 2018)?<\/p>\n ADDITIONAL CASE-SPECIFIC QUESTIONS<\/p>\n Applications nos. 49351\/18 and 50054\/18:<\/p>\n 3.\u00a0\u00a0Was there a violation of Article 7 of the Convention in respect of each applicant? In particular:<\/p>\n –\u00a0\u00a0Does the Russian law provide for an enforceable legal obligation to cast a vote? Does Russian law (including section 1 of the Presidential Election Act of 10 January 2003[3]) prohibit a peaceful act of leafleting suggesting that one should choose to abstain from voting in an election?<\/p>\n –\u00a0\u00a0Was it foreseeable that a call to boycott an election constituted an offence under Article 5.69 of the CAO, namely \u201cinterference with the work of an electoral committee\u201d or \u201cimpediments to the participation of voters in the voting process\u201d?<\/p>\n 4.\u00a0\u00a0Was there a violation of Article 6 \u00a7 1 of the Convention on account of the lack of a prosecuting party at the court hearings?<\/p>\n Application no. 50424\/18:<\/p>\n 5.\u00a0\u00a0Was there a violation of Article 5 \u00a7 1 of the Convention on account of the applicant\u2019s pre-trial deprivation of liberty on 14 March 2018 in relation to his distribution of leaflets on 10\u00a0March 2018?<\/p>\n __________________<\/p>\n [1].\u00a0\u00a0Some 13 and 65 euros at the time. APPENDIX<\/p>\n
\n[2].\u00a0\u00a0Article 5.69 of the CAO reads as follows: \u201cInterference with the work of an electoral committee or a referendum committee, where such interference entails a violation of the established procedure relating to their work or causes impediments to the participation of voters in the voting process, is punishable by a fine \u2026\u201d
\n[3].\u00a0\u00a0Section 1 \u00a7 2 read as follows: \u201c\u2026 No one is allowed to put pressure on a Russian citizen with the aim of compelling him or her to take part in a presidential election or to abstain from taking part in it\u00a0 \u2026\u201d<\/p>\n
Application no.<\/strong><\/td>\n| Lodged on<\/strong><\/td>\n | Applicant<\/strong><\/p>\n | Date of birth<\/strong><\/p>\n Place of residence<\/strong><\/p>\n Nationality<\/strong><\/td>\n 26\/03\/1991<\/p>\n Ivanovo<\/p>\n Russian<\/td>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n Ivan Yuryevich ZHDANOV<\/p>\n <\/td>\n<\/tr>\n 01\/07\/1978<\/p>\n Berezniki<\/p>\n Russian<\/td>\n<\/tr>\n 21\/05\/1987<\/p>\n NaberezhnyyeChelny<\/p>\n Russian<\/td>\n |