GLUKHIN v. RUSSIA JUDGMENT
risks posed by the solo demonstration or verified whether it had been
necessary to arrest and convict him.
50. The Government submitted that the domestic law required prior
notification of public events. The applicant had been lawfully convicted for
failure to respect that requirement. His escorting to the police station and his
arrest had also been lawful.
51. The Court reiterates that the protection of Article 10 is not limited to
the spoken or written word, for ideas and opinions are also capable of being
communicated by non-verbal means of expression or through a person’s
conduct (see Karuyev v. Russia, no. 4161/13, § 18, 18 January 2022). Given
the nature and the context of the applicant’s conduct, the Court considers that
through his actions he sought to express his opinion on a matter of public
interest, in respect of which there is little scope for restrictions under
Article 10 § 2.
52. The applicant’s escorting to the police station, administrative arrest
and conviction for an administrative offence constituted an interference with
his right to freedom of expression (see Novikova and Others, cited above
§ 106).
53. The relevant general principles were summarised in Novikova
and Others (cited above, §§ 190-201) and Kudrevičius and Others
v. Lithuania ([GC], no. 37553/05, §§ 108-10, 150-51 and 155, ECHR 2015).
54. As regards the “prescribed by law” criterion, the provision on
“quickly (de)assembled objects” contained no criteria allowing a person to
foresee what kind of objects could be covered by that provision. Having
regard to the nature of the applicant’s solo demonstration, and in the absence
of either further clarifications concerning the scope and manner of application
of the relevant provisions by higher Russian courts or any detailed analysis
by the domestic courts in the applicant’s specific case, the Court finds that
there is reason to doubt that the manner of application of the impugned legal
provisions was sufficiently foreseeable to meet the quality requirement in the
case at hand (see Navalnyy v. Russia [GC], nos. 29580/12 and 4 others, § 118,
15 November 2018).
55. However, even assuming that the interference was in accordance with
the law and pursued the legitimate aims of “the prevention of disorder” and
“the protection of the rights of others”, it was not “necessary in a democratic
society” for the following reason.
56. The applicant’s solo demonstration was carried out in an indisputably
peaceful and non-disruptive manner. The offence of which he was convicted
consisted merely of a failure to notify the authorities of his solo demonstration
and included no further incriminating element concerning any reprehensible
act, such as the obstruction of traffic, damage to property or acts of violence
(contrast Kudrevičius and Others, cited above, §§ 164-75). It was not
established that the applicant’s actions caused any major disruption to
ordinary life and other activities to a degree exceeding that which was normal
19
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos