CEDH · CASELAW;COMMUNICATEDCASES;ENG — 23 février 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s25D5DE94 { margin-top:66pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:7pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s41C90776 { height:55.2pt } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s598389F9 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:12pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .s190D88E { height:69.35pt } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s85646119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:12pt } .s327E3B4A { height:110.4pt } .sEC0F263B { height:28.4pt } .sB5A00430 { height:7.2pt } .sF1DFF07F { height:97.25pt } .s24215D7A { height:24.75pt } .sFE1B186 { height:138.8pt } Published on 11 March 2024   THIRD SECTION Application no. 39056/22 Irina Dmitriyevna SELISHCHEVA against Russia and 9 other applications (see list appended) communicated on 23 February 2024 SUBJECT MATTER OF THE CASE The applications concern refusals to register the applicants as candidates in municipal elections of 19 September 2021 in the town of Berdsk in the Novosibirsk region because of their alleged involvement in the activities of the Navalnyy Headquarters ( Штабы Навального ) or the Anti-Corruption Foundation (“the FBK”) or the Foundation for the Protection of Civil Rights, all declared extremist and banned on 9 June 2021. Their involvement was established on the basis of information submitted to the electoral commission by the police (see the Appendix for details). Relying on Articles 8, 10 and 11 of the Convention, the applicants complain about the collection of personal data revealing their political opinion and about the refusals to register them as candidates in municipal elections. Mr Khanov (application no. 46215/22) was arrested and convicted of an administrative offence and sentenced to seven days’ administrative detention for a call on YouTube to participate in a rally of 30 January 2021 in Novosibirsk which had not been notified to the local authorities. Relying on Articles 5, 6, 10, 11 and Article 2 of Protocol No. 7, Mr Khanov also complained about his prosecution for a call to participate in a peaceful assembly.     QUESTIONS TO THE PARTIES 1.     Has there been a violation of the applicants’ right to respect for private life, contrary to Article 8 of the Convention, as a result of the collection by the police of their personal data revealing political opinion, their disclosure to the electoral commission and their use to provide grounds for the refusals to register the applicants as candidates in municipal elections (compare Catt v. the United Kingdom , no. 43514/15, 24 January 2019)?   2.     Has there been a violation of the applicants’ right to freedom of expression, freedom of association or freedom of assembly, contrary to Articles 10 § 1 and 11 § 1 of the Convention, as a result of the denial of passive electoral rights because of their alleged involvement with the activities of banned associations established on the basis of their participation in rallies, publications on social media, volunteer activities in support of opposition election candidates, participation in elections in coalition with the associations in question, etc?   APPENDIX List of cases:   No. Application no. Case name Lodged on Applicant Year of Birth Place of Residence   Represented by Reasons for establishing involvement in the activities of the Navalny Headquarters or the FBK or the Foundation for the Protection of Civil Rights 1. 39056/22 Selishcheva v. Russia 29/07/2022 Irina Dmitriyevna SELISHCHEVA 2001 the Altay Republic   Olga Yuryevna NECHAYEVA The applicant participated in a rally in January 2021 in response to a call by “the Navalny Headquarters” and moreover assisted candidates endorsed by “the Navalny Headquarters” during 2020 elections, in particular by collecting signatures and organising rallies in their support 2. 39544/22 Ryazantsev v. Russia 31/07/2022 Mikhail Valeryevich RYAZANTSEV 1992 Novosibirsk   Olga Yuryevna NECHAYEVA The applicant participated in a rally in January 2021 in response to a call by “the Navalny Headquarters”. He assisted a candidate nominated by “the Navalny Headquarters” during 2020 elections, in particular by collecting signatures. He moreover subscribed to the social networking account of the FBK and expressed support to it on his own social networking account, in particular by publishing information about its activities. 3. 39548/22 Pukhovskiy v. Russia 31/07/2022 Ilya Vladimirovich PUKHOVSKIY 1979 Novosibirsk   Olga Yuryevna NECHAYEVA The applicant participated in a rally in January 2021 in response to a call by “the Navalny Headquarters”. He was a candidate during 2020 elections and entered into a coalition with candidates supported by “the Navalny Headquarters”. He also subscribed to the social networking account of the FBK and expressed support to it on his own social networking account, in particular by publishing information about its activities. 4. 40324/22 Kazantsev v. Russia 04/08/2022 Timofey Dmitriyevich KAZANTSEV 1994 Novosibirsk   Olga Yuryevna NECHAYEVA The applicant participated in a rally in January 2021 in response to a call by “the Navalny Headquarters”. He was a candidate during 2020 elections and entered into a coalition with candidates supported by “the Navalny Headquarters”. He also posted a video on YouTube in support of Mr   Navalnyy in which he called for participation in protest rallies. 5. 40326/22 Nechayeva v. Russia 04/08/2022 Olga Yuryevna NECHAYEVA 1972 Novosibirsk     The applicant provided legal assistance to people arrested during a rally in January 2021 held in response to a call by “the Navalny Headquarters”. She was a candidate during 2020 elections and entered into a coalition with candidates supported by “the Navalny Headquarters”. She moreover subscribed to the social networking account of the FBK and expressed support to it on his own social networking account, in particular by publishing information about its activities. 6. 41239/22 Aleksandrova v. Russia 11/08/2022 Yekaterina Alekseyevna ALEKSANDROVA 1995 Moscow   Olga Yuryevna NECHAYEVA The applicant held several solo demonstrations in support of Mr Navalnyy. She posted photographs on social networks where she was depicted together with Mr Navalnyy. She also assisted candidates nominated by “the Navalny Headquarters” during 2020 elections, in particular by collecting signatures. Lastly, she received payments from the FBK and affiliated organisations. 7. 46215/22 Khanov v. Russia 13/10/2021 Timur Fanirovich KHANOV 1959 Haifa, Israel   Olga Yuryevna NECHAYEVA   The applicant published calls on social networks to participate in a rally in January 2021 announced by “the Navalny Headquarters” and was convicted to seven days’ administrative detention in administrative-offence proceedings. Furthermore, the police had information that he had helped organising and had participated in that rally; he had received a police warning in that connection. 8. 46221/22 Markelov v. Russia 15/09/2022 Daniil Andreyevich MARKELOV 1992 North Hollywood, CA, USA   Olga Yuryevna NECHAYEVA The applicant was one of the organisers of a protest action in Krasnoyarsk against the inauguration of Mr   Putin in May 2018 and was convicted to nine days’ administrative detention in administrative-offence proceedings. In 2018 ‑ 2019 he was the head of “the Navalny Headquarters” in Krasnoyarsk and authored one of its publications accusing the governor of the Krasnoyarsk region of corruption. In 2019 he assisted a candidate in local elections nominated by “the Navalny Headquarters”. During 2020 elections he was himself a candidate and entered into a coalition with candidates supported by “the Navalny Headquarters”. He moreover published on social networks information about protest rallies organised the supporters of Mr   Navalnyy and called for participation. He also published calls on social networks to participate in a rally in January 2021 announced by “the Navalny Headquarters” and was convicted to ten days’ administrative detention in administrative-offence proceedings. Lastly, he received payments from organisations affiliated with the FBK. 9. 47161/22 Levchenko v. Russia 15/09/2022 Kirill Sergeyevich LEVCHENKO 1982 Vilnius, Lithuania   Olga Yuryevna NECHAYEVA The applicant worked for the “the Navalny Headquarters” in 2018. In 2019 he assisted a candidate in local elections nominated by “the Navalny Headquarters”. In 2020-2021 he organised and participated in protest rallies in response to calls by “the Navalny Headquarters” and was convicted to fines and administrative detention in several sets of administrative offence proceedings. He co-authored publications about the results of anti-corruption investigations by “the Navalny Headquarters”. He received payments from the FBK. He was also a member of the supervisory board of the Foundation for the Protection of Civil Rights. He moreover published on social networks information about protest rallies organised by the supporters of Mr   Navalnyy. 10. 47682/22 Yakimenko v. Russia 14/09/2022 Vyacheslav Dmitriyevich YAKIMENKO 2001 Novosibirsk   Olga Yuryevna NECHAYEVA   In 2019 the applicant assisted a candidate in local elections nominated by “the Navalny Headquarters”. He was a candidate during 2020 local elections and entered into a coalition with candidates supported by “the Navalny Headquarters”. He also participated in a protest rally in February 2021 as an activist and supporter of “the Navalny Headquarters”, he was convicted to seven days’ administrative detention in that connection. He published on social networks information about protest rallies organised by the supporters of Mr   Navalnyy.