I correctly predicted that there was a violation of human rights in YEGOROV v. RUSSIA and 11 other applications.

Information

• Judgment date: 2025-03-06
• Communication date: 2024-07-11
• Application number(s): 22584/19
• Country:   RUS
• Relevant ECHR article(s): 3, 5, 5-1, 5-3, 5-4, 6, 6-1, 6-2, 10, 10-1, 11, 11-1, 18
• Conclusion:
  Violation of Article 10 - Freedom of expression - {general} (Article 10-1 - Freedom of expression)
  Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention)
  Violation of Article 5 - Right to liberty and security (Article 5-3 - Reasonableness of pre-trial detention)
  Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings
  Article 6-1 - Impartial tribunal)
  Violation of Article 2 of Protocol No. 7 - Right of appeal in criminal matters (Article 2 of Protocol No. 7 - Review of conviction)
• Result: Violation
SEE FINAL JUDGMENT

JURI Prediction

• Probability: 0.901026
• Prediction: Violation

• Consistent

Communication text used for prediction

Published on 5 August 2024 (see table appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 11 July 2024, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
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 §1 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 Elvira Dmitriyeva v. Russia, nos.
60921/17 and 7202/18, §§ 77-90, 30 April 2019).
APPENDIX – List of applications raising complaints under Article 10 §1 of the Convention(various 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 Other complaints under well‐established case-law 22584/19* 13/04/2019 Vyacheslav Valeryevich YEGOROV 1977 Nikolay Sergeyevich Zboroshenko Moscow Administrative proceedings: 07/07/2018 / Moscow Region / posting a call in social network on the Internet to take part in the rally against construction of a landfill Criminal proceedings: The applicant who is an environmental activist in Moscow Region protesting against the construction of a landfill was accused of repeatedly violating the rules of organising or holding public assemblies Administrative proceedings: 23/10/2018 /Moscow Regional Court Criminal proceedings: Rulings placing the applicant under house arrest of 01/02/2019, 21/03/2019, 22/05/2019 by the Kolomenskiy Town Court of the Moscow Region; Appeal judgments confirming house arrest of 19/02/2019, 16/04/2019, 13/06/2019 by the Moscow City Court; Rulings of 30/07/2019; 23/10/2019 by the Kolomenskiy Town Court of the Moscow Region restricting the applicant’s rights to take part in peaceful assemblies, access internet; Judgments of 22/08/2019 and 22/11/2019 by the Moscow Regional Court confirming the rulings of the first‐instance court.
Administrative proceedings: 25 hours of community service Criminal proceedings: house arrest, restriction to take part in public assemblies, to access internet Administrative proceedings: Article 20.2.
§ 2 - organising public event without prior notice Criminal Proceedings: Article 212.1 of the Criminal Code - repeated violation of rules of organising or holding a meeting, public assembly, demonstration, rally or picketing Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‐offence proceedings, Art.
5 (3) - lack of relevant and sufficient reasons for pre-trial detention - lack of relevant and sufficient reasons for house arrest of the applicant / Rulings of 01/02/2019, 21/03/2019, 22/05/2019 by the Kolomenskiy Town Court of the Moscow Region (first instance court) / Judgments of 19/02/2019, 16/04/2019, 13/06/2019 by the Moscow Regional Court (appeal court), Art.
5 (4) - excessive length of judicial review of detention - lengthy examination by the appeal court of the applicant’s appeal complaints against the rulings placing the applicant under house arrest: complaint of 05/02/2019 examined on 19/02/2019; complaint of 22/03/2019 examined on 16/04/2019; complaint of 22/05/2019 examined on 13/06/2019.
22137/21* 05/04/2021 Vadim Dmitriyevich BORODIN 1960 Died in 2022 1) Between 12/06/2020 and 23/06/2020 the applicant published posts on the social network Vkontakte in which he criticised police officers, who in his opinion, unlawfully initiated criminal proceedings against him 2) posting a call on the social network vkontakte to participate in a public rally / 25/01/2021 1) 28/10/2020 Chelyabinsk Regional Court 2) 31/03/2021 Chelyabinsk Regional Court 1) fine of RUB 10,000 2) fine of RUB 20,000 1) Article 20.3.1 of the CAO (inciting hatred or animosity, humiliating dignity of a person or group of people based on the ground of social status, committed publicly with the use of information technologies) 2) Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) Art.
6 (3) (d) - examination/attendance of witnesses – 1) inability to examine witness Sh.
in the proceedings that took place in August 2020; Art.
6 (1) - unfair trial in administrative offence proceedings - the applicant’s and his lawyer’s request for participation in the appeal hearing on 28/10/2020 by videoconferencing was denied because there was no necessary equipment on that day in the court.
2) inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based and witness for prosecution Mr R. (in the proceedings concerning calls to participate in the rally).
45704/21 12/08/2021 Sofiya Igorevna PILYUKOVA 1997 Mikhail Mikhaylovich Benyash Sochi The applicant organised a rally in support of A. Navalnyy which took place on 21/01/2021 in Krasnodar 24/03/2021 Krasnodar Regional Court detention for 5 days Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) 47153/21 31/08/2021 Roman Alekseyevich TYAGANOV 1976 Vladimir Sergeyevich Kapishnikov Orel 28/01/2021 - posting a call on social network vkontakte to take part in the rally in support of A. Navalnyy 09/03/2021 Oryel Regional Court fine of RUB 20,000 Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) 47500/21* 01/09/2021 Denis Vladimirovich STEPANOV 1999 Roman Yevgenyevich Kachanov Yekaterinburg 02/02/2021 - reposting a call on the Internet to take part in the rally in support of A. Navalnyy 02/03/2021 Sverdlovsk Regional Court detention for 5 days Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) Prot.
7 Art.
2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
49389/21* 22/09/2021 Sergey Aleksandrovich KAZAKOV 1970 Eldar Ramilyevich Sharafutdinov Orenburg 22/01/2021 - posting a call on a social network vkontakte to take part in the rally in support of A. Navalnyy 23/03/2021 Orenburg Regional Court fine of RUB 20,000 Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‐offence proceedings 49878/21 22/09/2021 Maksim Petrovich NEVEROV 2002 Anna Yevgenyevna Bochilo Barnaul 21/01/2021 - posting a call on a social network vkontakte to take part in the rally in support of A. Navalnyy 24/03/2021 Altay Regional Court detention for 10 days Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8.11 p.m. on 22/01/2021 and noon on 25/01/2021 when the applicant was transferred to the court for the hearing of his case, Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‐offence proceedings, Art.
6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based, Prot.
7 Art.
2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
50520/21* 27/09/2021 Arkadiy Sergeyevich MARKOV 1969 21/01/2021 - posting a call on the Internet to take part in the rally in support of A. Navalnyy 29/03/2021 Pskov Regional Court detention for 5 days Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) Prot.
7 Art.
2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO, Art.
6 (3) (c) - own choice of legal assistance - the applicant’s request to have the hearing of his case adjourned due to the illness of his lawyer was refused by the first-instance court and the hearing was held in the absence of the lawyer.
24468/22 23/03/2022 Daniil Igorevich BATISHCHEV 2004 Memorial Human Rights Centre Moscow 18/04/2021 - posting a call on a social network vkontakte to take part in the rally in support of A. Navalnyy 29/09/2021 Volgograd Regional Court fine of RUB 20,000 Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) 34730/22* 24/06/2022 Nikolay Nikolayevcih LYASKIN 1982 Aleksandra Nikolayevna Bayeva Moscow Between 18/01/2021 and 23/01/2021 - posting calls on Twitter to take part in the rally in support of A. Navalnyy 24/02/2022 the Second Cassation Court of General Jurisdiction (criminal cassation appeal proceedings) restriction of freedom for 1 year Article 236 § 1 of the Criminal Code - inciting persons to breach sanitary and epidemiological rules and regulations which creates threat for the general public of contracting disease Art.
7 (1) - unforeseeable and expansive interpretation and application of criminal law - The quality of Article 236 of the Criminal Code was deficient in the sense that it was not foreseeable for the applicant that his posts to take part in the rally would be qualified by the domestic courts as inciting persons to breach sanitary regulations.
46341/22 08/09/2022 Armen Vardanovich ARAMYAN 1997 Leonid Alekseyevich Solovyev Moscow 20/09/2021 - re-posting a video of opposition activist’s speech criticising the results of the elections to the Russian Parliament 11/05/2022 Moscow City Court fine of RUB 20,000 Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) 31355/23 05/08/2023 Tamara Alekseyevna TIKHOMIROVA 1946 Dmitriy Valeryevich Sotnikov Moscow 02/03/2022 - re-posting on a social network vkontakte an investigative video made by the A. Navalnyy’s Fund Against Corruption concerning corruption of one of the Russian politicians, V. Matviyenko 07/04/2023 Moscow City Court fine of RUB 30,000 Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) Heir(s) in application no.
22137/21 Decedent Heir Vadim Dmitriyevich BORODIN Died in 2022 Tatyana Anatolyevna BORODINA Born in 1971 Published on 5 August 2024 (see table appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 11 July 2024, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
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 §1 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 Elvira Dmitriyeva v. Russia, nos.
60921/17 and 7202/18, §§ 77-90, 30 April 2019).
APPENDIX – List of applications raising complaints under Article 10 §1 of the Convention(various 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 Other complaints under well‐established case-law 22584/19* 13/04/2019 Vyacheslav Valeryevich YEGOROV 1977 Nikolay Sergeyevich Zboroshenko Moscow Administrative proceedings: 07/07/2018 / Moscow Region / posting a call in social network on the Internet to take part in the rally against construction of a landfill Criminal proceedings: The applicant who is an environmental activist in Moscow Region protesting against the construction of a landfill was accused of repeatedly violating the rules of organising or holding public assemblies Administrative proceedings: 23/10/2018 /Moscow Regional Court Criminal proceedings: Rulings placing the applicant under house arrest of 01/02/2019, 21/03/2019, 22/05/2019 by the Kolomenskiy Town Court of the Moscow Region; Appeal judgments confirming house arrest of 19/02/2019, 16/04/2019, 13/06/2019 by the Moscow City Court; Rulings of 30/07/2019; 23/10/2019 by the Kolomenskiy Town Court of the Moscow Region restricting the applicant’s rights to take part in peaceful assemblies, access internet; Judgments of 22/08/2019 and 22/11/2019 by the Moscow Regional Court confirming the rulings of the first‐instance court.
Administrative proceedings: 25 hours of community service Criminal proceedings: house arrest, restriction to take part in public assemblies, to access internet Administrative proceedings: Article 20.2.
§ 2 - organising public event without prior notice Criminal Proceedings: Article 212.1 of the Criminal Code - repeated violation of rules of organising or holding a meeting, public assembly, demonstration, rally or picketing Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‐offence proceedings, Art.
5 (3) - lack of relevant and sufficient reasons for pre-trial detention - lack of relevant and sufficient reasons for house arrest of the applicant / Rulings of 01/02/2019, 21/03/2019, 22/05/2019 by the Kolomenskiy Town Court of the Moscow Region (first instance court) / Judgments of 19/02/2019, 16/04/2019, 13/06/2019 by the Moscow Regional Court (appeal court), Art.
5 (4) - excessive length of judicial review of detention - lengthy examination by the appeal court of the applicant’s appeal complaints against the rulings placing the applicant under house arrest: complaint of 05/02/2019 examined on 19/02/2019; complaint of 22/03/2019 examined on 16/04/2019; complaint of 22/05/2019 examined on 13/06/2019.
22137/21* 05/04/2021 Vadim Dmitriyevich BORODIN 1960 Died in 2022 1) Between 12/06/2020 and 23/06/2020 the applicant published posts on the social network Vkontakte in which he criticised police officers, who in his opinion, unlawfully initiated criminal proceedings against him 2) posting a call on the social network vkontakte to participate in a public rally / 25/01/2021 1) 28/10/2020 Chelyabinsk Regional Court 2) 31/03/2021 Chelyabinsk Regional Court 1) fine of RUB 10,000 2) fine of RUB 20,000 1) Article 20.3.1 of the CAO (inciting hatred or animosity, humiliating dignity of a person or group of people based on the ground of social status, committed publicly with the use of information technologies) 2) Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) Art.
6 (3) (d) - examination/attendance of witnesses – 1) inability to examine witness Sh.
in the proceedings that took place in August 2020; Art.
6 (1) - unfair trial in administrative offence proceedings - the applicant’s and his lawyer’s request for participation in the appeal hearing on 28/10/2020 by videoconferencing was denied because there was no necessary equipment on that day in the court.
2) inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based and witness for prosecution Mr R. (in the proceedings concerning calls to participate in the rally).
45704/21 12/08/2021 Sofiya Igorevna PILYUKOVA 1997 Mikhail Mikhaylovich Benyash Sochi The applicant organised a rally in support of A. Navalnyy which took place on 21/01/2021 in Krasnodar 24/03/2021 Krasnodar Regional Court detention for 5 days Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) 47153/21 31/08/2021 Roman Alekseyevich TYAGANOV 1976 Vladimir Sergeyevich Kapishnikov Orel 28/01/2021 - posting a call on social network vkontakte to take part in the rally in support of A. Navalnyy 09/03/2021 Oryel Regional Court fine of RUB 20,000 Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) 47500/21* 01/09/2021 Denis Vladimirovich STEPANOV 1999 Roman Yevgenyevich Kachanov Yekaterinburg 02/02/2021 - reposting a call on the Internet to take part in the rally in support of A. Navalnyy 02/03/2021 Sverdlovsk Regional Court detention for 5 days Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) Prot.
7 Art.
2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
49389/21* 22/09/2021 Sergey Aleksandrovich KAZAKOV 1970 Eldar Ramilyevich Sharafutdinov Orenburg 22/01/2021 - posting a call on a social network vkontakte to take part in the rally in support of A. Navalnyy 23/03/2021 Orenburg Regional Court fine of RUB 20,000 Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‐offence proceedings 49878/21 22/09/2021 Maksim Petrovich NEVEROV 2002 Anna Yevgenyevna Bochilo Barnaul 21/01/2021 - posting a call on a social network vkontakte to take part in the rally in support of A. Navalnyy 24/03/2021 Altay Regional Court detention for 10 days Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8.11 p.m. on 22/01/2021 and noon on 25/01/2021 when the applicant was transferred to the court for the hearing of his case, Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‐offence proceedings, Art.
6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based, Prot.
7 Art.
2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
50520/21* 27/09/2021 Arkadiy Sergeyevich MARKOV 1969 21/01/2021 - posting a call on the Internet to take part in the rally in support of A. Navalnyy 29/03/2021 Pskov Regional Court detention for 5 days Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) Prot.
7 Art.
2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO, Art.
6 (3) (c) - own choice of legal assistance - the applicant’s request to have the hearing of his case adjourned due to the illness of his lawyer was refused by the first-instance court and the hearing was held in the absence of the lawyer.
24468/22 23/03/2022 Daniil Igorevich BATISHCHEV 2004 Memorial Human Rights Centre Moscow 18/04/2021 - posting a call on a social network vkontakte to take part in the rally in support of A. Navalnyy 29/09/2021 Volgograd Regional Court fine of RUB 20,000 Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) 34730/22* 24/06/2022 Nikolay Nikolayevcih LYASKIN 1982 Aleksandra Nikolayevna Bayeva Moscow Between 18/01/2021 and 23/01/2021 - posting calls on Twitter to take part in the rally in support of A. Navalnyy 24/02/2022 the Second Cassation Court of General Jurisdiction (criminal cassation appeal proceedings) restriction of freedom for 1 year Article 236 § 1 of the Criminal Code - inciting persons to breach sanitary and epidemiological rules and regulations which creates threat for the general public of contracting disease Art.
7 (1) - unforeseeable and expansive interpretation and application of criminal law - The quality of Article 236 of the Criminal Code was deficient in the sense that it was not foreseeable for the applicant that his posts to take part in the rally would be qualified by the domestic courts as inciting persons to breach sanitary regulations.
46341/22 08/09/2022 Armen Vardanovich ARAMYAN 1997 Leonid Alekseyevich Solovyev Moscow 20/09/2021 - re-posting a video of opposition activist’s speech criticising the results of the elections to the Russian Parliament 11/05/2022 Moscow City Court fine of RUB 20,000 Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) 31355/23 05/08/2023 Tamara Alekseyevna TIKHOMIROVA 1946 Dmitriy Valeryevich Sotnikov Moscow 02/03/2022 - re-posting on a social network vkontakte an investigative video made by the A. Navalnyy’s Fund Against Corruption concerning corruption of one of the Russian politicians, V. Matviyenko 07/04/2023 Moscow City Court fine of RUB 30,000 Article 20.2.
§ 2 of the CAO (organising or holding a public event without prior notice) Heir(s) in application no.
22137/21 Decedent Heir Vadim Dmitriyevich BORODIN Died in 2022 Tatyana Anatolyevna BORODINA Born in 1971