GLUKHIN v. RUSSIA JUDGMENT
screenshots of the applicant’s image, printed them out and stored them in the
case file.
11. It follows from a police report dated 26 August 2019 that the police
anti-extremism unit conducted “operational-search activities” to identify the
man in the photographs and the video published on Telegram, successfully
identified him as the applicant and established his home address.
12. According to the applicant, at about 10 a.m. on 30 August 2019 the
police anti-extremism unit went to his home while he was not there. At about
11 a.m. on the same day, he was arrested at an underground station. The
police allegedly told him that he had been identified by the facial recognition
CCTV cameras installed in the Moscow underground.
13. The applicant was then taken to a police station where he was charged
with the administrative offence of breaching the established procedure for the
conduct of public events under Article 20.2 § 5 of the CAO. The charges
stated that on 23 August 2019 the applicant had held a solo demonstration at
the Chistye Prudy underground station and on the underground train using a
“quickly (de)assembled object” and should therefore have submitted a prior
notification to the local authorities.
14. In a letter of 2 September 2019, the acting head of the police
anti-extremism unit requested the head of the Moscow underground security
to provide copies of video-recordings of 23 August 2019 from 8.15 to
8.35 p.m. from twenty-two CCTV cameras installed at Okruzhnaya
underground station. He relied on sections 6-3, 7-2(1) and 15-1 of the
Operational-Search Activities Act (see paragraphs 22-23 and 25 below) and
section 13-1(4) of the Police Act (see paragraph 29 below). He further stated
that the request was being made in the framework of an inquiry being
conducted with the aim of combating extremism during approved mass public
events in Moscow. The police anti-extremism unit watched those recordings
on 5 September 2019, took screenshots of the applicant’s image, printed them
out and stored them in the case file.
15. On 23 September 2019 the Meshchanskiy District Court of Moscow
convicted the applicant as charged. The court noted that the applicant had
made oral submissions and had pleaded not guilty. It then relied, among
others, on the screenshots of the Telegram channel and the screenshots of
video-recordings from the surveillance cameras in the underground in support
of its finding that the applicant had held a solo demonstration using a “quickly
(de)assembled object”. Contrary to the applicant’s argument, the cardboard
figure of Mr Kotov could be considered a “quickly (de)assembled object”
because it had a prop. The court sentenced the applicant to a fine of
20,000 Russian roubles ((RUB), about 283 euros).
16. The applicant appealed. He complained, in particular, that the
operational-search activities performed to identify him had been unlawful
because the Operational-Search Activities Act did not permit performing
such activities to investigate administrative offences. The evidence thereby
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