CEDH · CASELAW;COMMUNICATEDCASES;ENG — 19 décembre 2024

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In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention. In the enclosed table, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4). For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website . SUBJECT MATTER The applications concern complaints raised under Article 10 of the Convention relating to various restrictions on the right to freedom of expression which are the subject of well-established case law of the Court (see see the appendix for relevant case-law authorities).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 10 of the Convention (conviction for pacifist expression and other restrictions on the right to freedom of expression ) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Summary of facts Final decision Date Name of the court Penalty (award, fine, imprisonment) Legal issues Relevant case ‑ law Other complaints under well ‑ established case-law     40817/20 28/08/2020 Aleksey   Vitalyevich SEMENOV 1967   Ernest Aleksandrovich Mezak   On 22/10/2018 the applicant inscribed the words “Terror should be legalised” on the pedestal of the Lenin monument in front of the Trinity Lavra of St   Sergius. This phrase is a quotation from Lenin’s 1922 letter requesting that capital punishment be added to the Criminal Code as the primary penalty for enemies of the Bolshevik State. The pedestal was repainted the same day at a cost of less than 20 euros. The applicant was convicted of vandalism under Article 214 of the Criminal Code.   On 22/03/2022 and 03/04/2022, the applicant shared two anti-war posts on social media seeking to attract attention to the number of civilian casualties. Moscow Regional Court, 28/11/2019 Supreme Court of the Republic of Komi, 22/06/2022 200 hours of community service Fine of RUB   30,000   Disproportionate sanction for defacing a monument given the minimal damage, the historically relevant nature of the expression and the political message. Handzhiyski v.   Bulgaria, no.   10783/14, §   45-59, 6 April 2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     28789/22 15/04/2022 Georgiy Igorevich SEMENOV 2001   Andrey Vasilyevich Sabinin Stavropol On 06/03/2022, the applicant was arrested while conducting a vigil with a poster that read "NO TO WAR" in central Simferopol, Crimea. He was released two and a half hours later. "Supreme Court of the Republic of Crimea", 06/04/2022 Fine of RUB   35,000 Russian courts in Crimea are not "established by law". Ukraine v. Russia (re Crimea) [GC], nos. 20958/14 and 38334/18, § 946, 25 June 2024 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) – court “not established by law” - Russian courts in Crimea are not "established by law" (Ukraine v. Russia (re Crimea) [GC], nos. 20958/14 and 38334/18, § 946, 25 June 2024)     32861/22 22/06/2022 Aleksey Petrovich SAFONOV 1974   Damir Ravilevich Gaynutdinov Kazan The applicant was found guilty under Article 20.1 § 3 of the CAO for an Instagram post containing the phrase “Slava Ukraine!” (“Glory to Ukraine!”) expressing support for the Ukrainian people. Rostov Regional Court, 11/04/2022 Fine of RUB   50,000 Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     36835/22 14/07/2022 Darya Sergeyevna TSYBINA 1999   Varvara Dmitriyevna Mikhaylova St Petersburg On 13/03/2022, the applicant and three others (application nos. 36757/22, 36838/22, 36842/22) were arrested in Volgograd for putting stickers with the text "NO TO WAR" on buildings and poles. They were escorted to a police station and asked to submit to toxicology tests which they refused as they had not consumed any substances. All four were convicted of disobeying a lawful order under Article 6.9 of the CAO.   Tsentralnyy District Court of Volgograd, 17/03/2022 6 days’ detention Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     41272/22 17/08/2022 Vladislav Alekseyevich ARSENYEV 1985   Stanislav Aleksandrovich Seleznev Samara On 23/02/2022, the applicant placed a sticker reading “#NO TO WAR #PUTIN IS A MURDERER” on his car. Tver Regional Court, 18/05/2022 Fine of RUB   40,000 Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008       41426/22 13/08/2022 Yelena Aleksandrovna GENERALOVA 1994   Andrey Vasilyevich Sabinin Stavropol On 06/03/2022, the applicant and others were arrested in central Krasnodar while holding a banner reading “Silence is a crime, no to war, no to Putin, being afraid is a sin.” Krasnodar Regional Court, 27/04/2022 Fine of RUB   30,000 Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008 Art. 11 (1) - Freedom of peaceful assembly – the applicant was arrested in a course of the manifestation with a number of other participants,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     41431/22 13/08/2022 Oleg Vladimirovich KULAGIN 1979   Andrey Vasilyevich Sabinin Stavropol On 06/03/2022, the applicant held up a poster that read "NO TO WAR". Bryansk Regional Court, 30/05/2022 Fine of RUB   30,000 Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008       42330/22 12/08/2022 Vitaliy Aleksandrovich CHIZHKOV 1990   Anton Aleksandrovich NAUMOV 1979   Natalya Andreyevna Baranova Moscow On 06/03/2022, Mr Chizhkov was arrested at an anti-war rally in Tomsk.   On 17/03/2022, Mr Naumov was arrested in Mytishchi for holding a poster that read “Against the special operation”. Tomsk Regional Court, 15/04/2022   Moscow Regional Court, 19/04/2022 Chizhkov – Fine of RUB   45,000   Naumov – Fine of RUB   30,000   Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008 Art. 11 (1) - Freedom of peaceful assembly - the first applicant was arrested in a course of the manifestation with a number of other participants,   Art. 18 - Application of restrictions only for prescribed purpose,   Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – both applicants,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – both applicants     45567/22 07/09/2022 Viktor Vitalyevich SYSUYEV 1976   Andrey Vasilyevich Sabinin Stavropol On 13/03/2022, the applicant shared on social media an appeal to take part in anti-war rallies. Yaroslavl Regional Court, 20/06/2022 Fine of RUB   50,000 Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   48340/22 17/09/2022 Vladimir Grachikovich SIREKANYAN 1990   Aleksey Sergeyevich Lapuzin Samara On 06/03/2022, the applicant conducted a vigil in Samara. He wore a sign that read "NO TO WAR" on his jacket and carried posters reading "Fight poverty, not Ukraine" and "War is death and poverty". He was arrested and taken to the police station. Samara Regional Court, 19/05/2022 Fine of RUB   40,000 Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis   48649/22 15/09/2022 Artem Viktorovich TURKOV 1978   Yana Alekseyevna BEREZINA 1998   Kirill Aleksandrovich CHEVRIN 1991   Andrey Vladimirovich KHANZHIN 1994   Pavel Vladimirovich LAVREKHIN 1996   Natalya Andreyevna Baranova Moscow On 06/03/2022, Mr Tykov held a vigil in Tutayev, displaying a sign that read “No to war.” He was subsequently arrested and taken to the police station.   On 07/04/2022, Ms Berezina was detained while distributing leaflets with images of dogs accompanied by the following texts: “Lost dog. Ran away during Russia’s invasion of Ukraine on February 24. Name – Future. Your children will have no future if you do not stand against the war right now. Thousands of Ukrainian children will never have a Future ...” and “Lost dog. Name – Freedom. Citizens peacefully protesting against war are persecuted, arrested, beaten, tortured, threatened with expulsion and dismissal ...” She was then taken to the police station.   On 11/03/2022, Mr Chevrin conducted an anti-war vigil in Moscow. He was detained at 4.15 p.m. and held for a period of 3 hours and 45 minutes.   On 06/03/2022, Mr Lavrekhin participated in an anti-war rally in Kaliningrad. He was detained and held for more than four hours.   On 19/04/2022, Mr Khanzhin held a vigil in Alexandrovsky Garden in Moscow, displaying a poster that read: “Hero Cities of 20th century: Kiev, Odessa, Sevastopol, Kerch. Hero Cities 2022: Kiev, Kharkiv, Chernihiv, Mariupol, Kherson, Hostomel, Volnovakha, Bucha, Irpin, Mykolaiv, Akhtyrka. Stop turning cities into ruins!” He was detained, held overnight and subsequently received two separate charges under Articles 20.3.3 and 20.2 paragraph 8 of the CAO. Yaroslavl Regional Court, 16/05/2022     Volgograd Regional Court, 18/05/2022     Moscow City Court, 17/05/2022     Kaliningrad Regional Court, 17/05/2022     Moscow City Court, 28/04/2022 Mr Tykov - RUB 30,000   Ms Berezina - RUB 30,000 for each offense (two fines)   Mr Chevrin - RUB 50,000   Mr Lavrekhin - RUB 30,000   Mr Khanzhin - RUB 70,000 and 25 days of administrative arrest Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – all applicants, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – in respect of all applicants,   Art. 11 (1) - Freedom of peaceful assembly - the applicants were arrested in a course of the manifestation with a number of other participants   48924/22 30/09/2022 Ivan Ivanovich KORETNIKOV 1939   Yelena Yuryevna Pershakova Moscow On 06/03/2022, the applicant was arrested on his way to an anti-war rally while carrying posters that read "How many death notices has Perm received?" and "Russia is spilling Russian blood". He was taken to the police station and released three hours later. Perm Regional Court, 31/05/2022 Fine of RUB   30,000 Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008 Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - the applicant was arrested in a course of the manifestation with a number of other participants,   Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   4479/23 08/01/2023 Yelena Ivanovna RODVIKOVA 1974   Vladislav Vladimirovich Kosnyrev Syktyvkar The applicant was convicted of extremist speech and glorification of terrorism for comments on social media regarding various legislative initiatives in which she sarcastically suggested that the parliament needed to be “blown up” Supreme Court of the Russian Federation, 08/09/2022 Fine of RUB   350,000 Excessively broad definition of extremism; failure to take statements in their context. Savva Terentyev v. Russia , no.   10692/09, 28   August 2018 (excessive broad domestic provisions on hate speech)     11550/23 28/02/2023 Yekaterina Olegovna MOROZOVA     Polina Artemovna Petrova Moscow On 08/04/2022, the applicant was arrested during a vigil in front of the Ministry of Defence. She wore make-up in the colours of the Ukrainian flag, smeared red lipstick and wrote "No to war" on her face, carried flowers tied with yellow and blue ribbons, and held a poster reading "Right now the Russian military are raping and killing Ukrainian women. Stop this war!". She was taken to a police station and released three hours later. Moscow City Court, 02/09/2022 (Representative granted access to case-file on 31/10/2022) Fine of RUB   40,000 Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   11851/23 28/02/2023 Dmitriy Yevgenyevich KOVAL 1985   Natalya Andreyevna Baranova Moscow On 09/05/2022 and 05/07/2022, the applicant held up posters in central Moscow reading "WAR IS NOT PEACE, FREEDOM IS NOT SLAVERY, IGNORANCE IS NOT STRENGTH" and "WHAT IS HIDDEN BEHIND THE SPECIAL MEASURES IN THE ECONOMY?". Each time he was arrested and brought to a police station for drawing up a record of an administrative offence. Moscow City Court, 28/10/2022 Fine of RUB   50,000 for each offence Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis   11855/23 28/02/2023 Aleksandr Khadzhimuratovich SALAMOV 1981   Natalya Andreyevna Baranova Moscow On 09/05/2022, the applicant held up a Ukrainian flag with the text "NO TO WAR" in central Moscow. He was arrested and taken to a police station. Moscow City Court, 28/10/2022 Fine of RUB   50,000 Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis   16866/23 30/03/2023 Nikolay Nikolayevich LYKOV 1989       On 08/04/2022, the applicant held up a poster reading "PEACE TO THE WORLD, PILLS FOR GRANDAD [implying that President Putin needs medication], NO TO WAR" in central Novosibirsk. He was arrested and taken to a police station. Novosibirsk Regional Court, 30/11/2022 Fine of RUB   35,000 Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis   36491/23 17/09/2023 Nadezhda Aleksandrovna BYKOVA 1997       On 03/04/2022, the applicant daubed "NO TO WAR" on a fence in central Moscow. She was arrested and brought to a police station where she was held for 13 hours. Moscow City Court, 17/05/2023 Fine of RUB   50,000 Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis   37067/23 25/09/2023 Zhanna Fedorovna DENISOVA 1954       On 12/03/2022, the applicant shared another user’s anti-war post on Facebook. On 04/04/2022, she was arrested and taken to a police station. Moscow City Court, 25/05/2023 Fine of RUB   40,000 Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis   37843/23 25/09/2023 Yekaterina Anatolyevna VOROBYEVA 1974   Konstantin Aleksandrovich Markin Velikiy Novgorod On 22/05/2022, the applicant was arrested in central Moscow for holding a poster with the texts "Do not get used to war" and "Not War" featuring images of a crossed-out tank in a circle and a dove. She was taken to a police station and released three hours later. Moscow City Court, 30/05/2023 Fine of RUB   30,000 Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis   37958/23 29/09/2023 Danzan Khongorovich BRUGIDIKOV 2000   Vladimir Sergeyevich Nemanov Moscow On 28/02/2022, the applicant shared a post on Instagram which read: "Ukrainians are fighting on their own land - this is a great goal of defending the homeland, Russian occupiers have no unity, morale or spirit because they were deceived". He was found guilty of the offence of incitement of hate against a social group of "members of Russian military" under Article 20.3.1 of the CAO. Moscow City Court, 13/06/2023 Fine of RUB   20,000 Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008     39058/23 16/10/2023 Altan Sankhimovich OCHIROV 1981   Irina Vladimirovna Khrunova Kazan Between 22/03/2022 and 05/04/2022, the applicant published posts in the "Free Ulus" Telegram channel concerning the military operation in Ukraine. The posts covered topics including: Russian military vehicles firing on a civilian car carrying an elderly couple; comparisons between Russian forces and Nazi Germany’s 133rd Infantry Division; the destruction of Russian naval vessels "Orsk" and "Saratov"; civilian casualties; destruction of residential buildings in Rubezhne; disputing official figures of Russian military casualties; and criticism of Russian leadership. The applicant was convicted under Article 207.3 § 2(b) and (e) of the Criminal Code for spreading "fake news" about Russian casualties in Ukraine.   Fourth Court of Cassation, 10/08/2023 5 years’ imprisonment Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008     1186/24 17/12/2023 Polina Sergeyevna BARINOVA 1993   Valentina Andreyevna Chekhova Moscow On 03/09/2022, the applicant was arrested for wearing a badge with the text "NO TO WAR" on her backpack. She was brought to the police station and released three hours later. Moscow City Court, 17/08/2023 Fine of RUB   40,000 Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis   34181/24 27/08/2022 Dmitriy Avelyevich GAVRILOV 1973   Stanislav Aleksandrovich Seleznev Samara On 13/03/2022, the applicant was arrested for holding up a sign that read "NO TO WAR" in central Cheboksary. Supreme Court of the Republic of Chuvashia, 28/04/2022 Fine of RUB   35,000 Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis   34184/24 23/08/2022 Mikhail Sergeyevich SERGEYEV 1979   Aleksey Alekseyevich Dubrovin Novorossiysk On 06/03/2022, the applicant was arrested in central Anapa where he was silently holding sheets of paper with the text "I am against the war", "No to war", "We are for peace", "Stop the war". Krasnodar Regional Court, 27/04/2022 Fine of RUB   40,000 Conviction for pacifist expression in the absence of violence or hate speech; excessive sanction. Yurdatapan v.   Turkey , no.   70335/01, §   35, 8   January 2008 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings