Communicated on 15 October 2018<\/p>\n
THIRD SECTION<\/p>\n
Applications nos. 12150\/18
\nNadezhda Viktorovna KOTS v. Russia
\nand 4 other applications
\n(see appended list)<\/p>\n
SUBJECT MATTER OF THE CASES<\/p>\n
A. Applications nos. 12150\/18, 29653\/18 and 29773\/18:<\/strong><\/p>\n A number of volunteers for Mr A. Navalnyy, including the applicants, decided to distribute leaflets in Moscow in support of Navalnyy\u2019s intention to run for President of Russia. Each volunteer did so on 8 July 2017 separately from the others, by positioning himself or herself at different stations of the Moscow metro. Each applicant was then sentenced to a fine under the Code of Administrative Offences (CAO) because the courts considered that, together with other volunteers, he had taken part in one and common act of group picketing, which had not been notified to the municipal authority as required for group events under the Public Events Act (PEA). The courts in application no. 12150\/18 also considered that the applicant had violated section 11 of Presidential decree no. 202 of 9 May 2017 restricting (unrelated) public rallies during the 2017 FIFA Confederations Cup.<\/p>\n B. Application no. 28388\/18:<\/strong><\/p>\n A number of volunteers for Navalnyy, including the applicant, decided to distribute leaflets in Tyumen, too. Each volunteer did so on 8 and\/or 9 July 2017 separately from the others, in different areas within the town of Tyumen. The applicant was then sentenced to a fine because the courts considered that, together with other volunteers, he had taken part, on the above dates, in one and common act of group picketing, which had not been notified to the municipal authority as required for group events under the Public Events Act (PEA).<\/p>\n C. Application no. 31417\/18:<\/strong><\/p>\n Similar actions or solo demonstrations in Tyumen on 7 October 2017 were also classified as a group public event. The applicant was considered as its organiser and sentenced to a fine for failing to make a prior notification of the event to the local authority.<\/p>\n QUESTIONS tO THE PARTIES<\/p>\n 1.1. In respect of each applicant was there an \u201cinterference\u201d:<\/p>\n (a) under Article 10 of the Convention, in particular, in respect of the freedom to impart information (applications nos. 12150\/18 and 28388\/18) or to hold opinions (applications nos. 29653\/18, 29773\/18 and 31417\/18); and\/or<\/p>\n (b) under Article 11 of the Convention in respect of the freedom of peaceful assembly, in view of the prosecution for violating the PEA?<\/p>\n 1.2. Was there a violation of Article 10 or 11 of the Convention in respect of each applicant (see Novikova and Others v. Russia, nos. 25501\/07 and 4 others, 26 April 2016) on account of their prosecution and, as to applications nos. 12150\/18 and 29653\/18, also their pre-trial arrests and detention? The parties are requested to make submissions on the following factual and legal aspects:<\/p>\n 1.2.1. Was the \u201cinterference\u201d \u201cprescribed by law\u201d? In particular:<\/p>\n – In so far as each applicant\u2019s activity was classified as a group event, was each applicant\u2019s conduct shown \u2013 as required by Russian law in such circumstances \u2013 to be \u201cgeographically close to each other\u201d (\u0442\u0435\u0440\u0440\u0438\u0442\u043e\u0440\u0438\u0430\u043b\u044c\u043d\u043e \u0442\u044f\u0433\u043e\u0442\u0435\u044e\u0442 \u0434\u0440\u0443\u0433 \u043a \u0434\u0440\u0443\u0433\u0443) (see section 31 of Ruling no. 28 of 26 June 2018 by the Plenary Supreme Court of Russia)? Was it foreseeable for the purpose of Article 10 \u00a7 2 or 11 \u00a7 2 of the Convention to classify each applicant\u2019s conduct (a) at manifestly distant locations (such as different metro stations) and (b) on differing dates as their assembly with each other and as one and sole \u201cpublic event\u201d within the meaning of the PEA, namely as a \u201cpicket\u201d (\u043f\u0438\u043a\u0435\u0442\u0438\u0440\u043e\u0432\u0430\u043d\u0438\u0435)? What was the target object being picketed and what the \u201ccampaigning\u201d (\u0430\u0433\u0438\u0442\u0430\u0446\u0438\u044f) and related object of \u201ccampaigning\u201d consisted of?<\/p>\n – In addition and having regard to the above considerations, was it foreseeable that Mr Miroshnik\u2019s and Ms Kots\u2019 conduct (applications nos. 12150\/18 and 29653\/18) would be considered as falling within the scope of an offence (namely, under Article 20.2 of the CAO) and thereby would give rise to the use of the escort and arrest procedures in respect of each of them?<\/p>\n 1.2.2. Was the \u201cinterference\u201d \u201cnecessary in a democratic society\u201d in the pursuance of a legitimate aim? In particular:<\/p>\n – What legitimate aim was pursued by prosecuting on account of the conduct by one person situated \u2013 a fortiori, on different dates \u2013 at a very considerable distance from another person or persons (compare with Novikova and Others, cited above, \u00a7\u00a7 144-47)?<\/p>\n – Did the domestic courts adduce relevant and sufficient reasons for the \u201cinterference\u201d with freedom of expression\/assembly, and base their conclusions on an acceptable assessment of the facts (see, for the approach, Annenkov and Others v. Russia, no. 31475\/10, \u00a7\u00a7 134-39, 25 July 2017, and \u00d6\u011fr\u00fc and Others v. Turkey, nos. 60087\/10 and 2 others, \u00a7\u00a7 64-71, 19 December 2017), also having regard to the requirements imposed by the Plenary Supreme Court of Russia in ruling no. 21 of 27 June 2013 (as developed in sections 1, 31 in fine and 38 of ruling no. 28 of 26 June 2018)?<\/p>\n 2. Was there a violation of Article 5 \u00a7 1 of the Convention on account of Mr Miroshnik\u2019s and Ms Kots\u2019 pre-trial arrests and detention (applications nos. 12150\/18 and 29653\/18)?<\/p>\n 3.1. As to applications nos. 12150\/18, 29653\/18, 29773\/18 and 31417\/18, was the offence record (\u043f\u0440\u043e\u0442\u043e\u043a\u043e\u043b \u043f\u0440\u0430\u0432\u043e\u043d\u0430\u0440\u0443\u0448\u0435\u043d\u0438\u044f) used against each applicant as a piece of adverse evidence (\u0434\u043e\u043a\u0430\u0437\u0430\u0442\u0435\u043b\u044c\u0441\u0442\u0432\u043e) or as a bill of indictment (compare with Karelin v. Russia, no. 926\/08, \u00a7\u00a7 66 and 68, 20 September 2016)?<\/p>\n 3.2. Having regard, inter alia, to the answer to the above question, was there a violation of the objective impartiality requirement under Article 6 \u00a7 1 of the Convention in those applications because of the lack of a prosecuting party:<\/p>\n (a) at the trial hearings, while noting, in particular, in application no. 31417\/18 the officer who had compiled the offence record was present at the trial hearing (compare with Karelin, cited above, \u00a7\u00a7 64-65 and 68; and Mikhaylova v. Ukraine, no. 10644\/08<\/a>, \u00a7 66, 6 March 2018); or in application no. 12150\/18 that the applicant chose not to attend the trial hearing;<\/p>\n and<\/p>\n (b) on appeal in 29653\/18, 29773\/18 and 31417\/18, while noting, in particular, that the defendants in applications nos. 29773\/18 and 31417\/18 chose not to and no oral hearings were actually held (compare with Karelin, \u00a7\u00a7 67-68 and 77-83)?<\/p>\n Application no.<\/span><\/p>\n<\/td>\n Lodged on<\/span><\/p>\n<\/td>\n Applicant<\/span><\/p>\n Date of birth<\/span><\/p>\n Place of residence<\/span><\/p>\n<\/td>\n Represented by<\/span><\/p>\n<\/td>\n<\/tr>\n<\/thead>\n\n 12150\/18<\/span><\/p>\n<\/td>\n 02\/03\/2018<\/span><\/p>\n<\/td>\n Nadezhda Viktorovna KOTS<\/span><\/p>\n 30\/09\/1955<\/span><\/p>\n Moscow<\/span>\u00a0<\/span><\/p>\n<\/td>\n \u00a0<\/span><\/p>\n Konstantin Ilyich TEREKHOV<\/span><\/p>\n \u00a0<\/span><\/p>\n<\/td>\n<\/tr>\n 28388\/18<\/span><\/p>\n<\/td>\n 02\/06\/2018<\/span><\/p>\n<\/td>\n Aleksandr Nikolayevich MALETIN<\/span><\/p>\n 03\/12\/1985<\/span><\/p>\n Tyumen<\/span>\u00a0<\/span><\/p>\n<\/td>\n<\/tr>\n 29653\/18<\/span><\/p>\n<\/td>\n 08\/06\/2018<\/span><\/p>\n<\/td>\n Vladislav Aleksandrovich MIROSHNIK<\/span><\/p>\n 09\/07\/1996<\/span><\/p>\n Moscow<\/span>\u00a0<\/span><\/p>\n<\/td>\n Ivan Yuryevich ZHDANOV<\/span><\/p>\n<\/td>\n<\/tr>\n 29773\/18<\/span><\/p>\n<\/td>\n 08\/06\/2018<\/span><\/p>\n<\/td>\n Anna Gennadyevna SIZOVA<\/span><\/p>\n 09\/11\/1996<\/span><\/p>\n Trekhgornyy<\/span>\u00a0<\/span><\/p>\n<\/td>\n<\/tr>\n 31417\/18<\/span><\/p>\n<\/td>\n 18\/06\/2018<\/span><\/p>\n<\/td>\n Aleksandr Aleksandrovich KUNILOVSKIY<\/span><\/p>\n 18\/07\/1980<\/span><\/p>\n Tyumen<\/span><\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n
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