Published on 20 January 2025
 
THIRD SECTION
Application no. 40817/20
Aleksey Vitalyevich SEMENOV against Russia
and 24 other applications
(see table appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 19 December 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 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