GLUKHIN v. RUSSIA JUDGMENT
obtained was therefore inadmissible. He also complained about the absence
of a prosecuting party, claiming that that situation had breached the principle
of impartiality. Lastly, he submitted that his conviction for a peaceful solo
demonstration had breached his right to freedom of expression. It had never
been claimed that the demonstration had created any risk to public order or to
the life or health of others.
17. On 30 October 2019 the Moscow City Court upheld the conviction on
appeal. The applicant attended the hearing and made oral submissions. The
court found that the peaceful nature of the demonstration was irrelevant
because the applicant had been convicted for a breach of the established
procedure for the conduct of public events, namely for failure to submit a
prior notification. His escorting to the police station and administrative arrest
had been lawful. The offence had been discovered and the evidence had been
collected by the police in accordance with the Police Act.
RELEVANT LEGAL FRAMEWORK
I. PROCEDURE FOR THE CONDUCT OF PUBLIC EVENTS
18. The Public Events Act (no. FZ-54 of 19 June 2004) provides that no
notification is required for solo demonstrations, except where the
demonstrator intends to use a “quickly (de)assembled object”
(“быстровозводимая сборно-разборная конструкция”) (section 7(1.1)).
Notification of a solo demonstration involving such an object obstructing
passers-by or traffic must be lodged three to four days in advance
(section 7(1)).
19. It is forbidden to hold a public event if no notification was submitted
within the time-limits established by the Act (section 5(5)).
20. Article 20.2 § 5 of the Code of Administrative Offences (“the CAO”)
provides that a breach by a participant of the established procedure for the
conduct of public events which has not caused damage to anyone’s health or
property is punishable by a fine of RUB 10,000 to 20,000 or up to forty hours
of community service.
II. OPERATIONAL-SEARCH ACTIVITIES
21. The Operational-Search Activities Act (no. 144‑FZ of 12 August 1995
– “the OSAA”) provides that the aims of operational-search activities are
(a) the detection, prevention, suppression and investigation of criminal
offences and the identification of persons conspiring to commit, committing,
or having committed a criminal offence; (b) the tracing of fugitives from
justice and missing persons; (c) obtaining information about events or
activities endangering the national, military, economic or ecological security
4