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NEPOMNYASHCHIKH v. RUSSIA

Doc ref: 51118/16 • ECHR ID: 001-201304

Document date: January 24, 2020

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NEPOMNYASHCHIKH v. RUSSIA

Doc ref: 51118/16 • ECHR ID: 001-201304

Document date: January 24, 2020

Cited paragraphs only

Communicated on 24 January 2020 Published on 10 February 2020

THIRD SECTION

Application no. 51118/16 Ivan Andreyevich NEPOMNYASHCHIKH against Russia lodged on 26 August 2016

SUBJECT MATTER OF THE CASE

The application concerns the applicant’s criminal conviction for acts of mass disorder and violence against the police , offences under Articles 212 § 2 a nd 318 § 1 of the Criminal Code, during the public event at Bolotnaya Square in Moscow on 6 May 2012 .

QUESTIONS TO THE PARTIES

1. Did the applicant have a fair hearing in the determination of criminal charges against him , in accordance with Article 6 § 1 of the Convention?

2. Has there been an interference with the applicant ’ s freedom of expression, within the meaning of Article 10 § 1 of the Convention?

If so, was that interference justified in terms of Article 10 § 2?

3 . Has there been an interference with the applicant ’ s freedom of peaceful assembly within the meaning of Article 11 § 1 of the Convention?

If so, was that interference justified in terms of Article 11 § 2 (see Yaroslav Belousov v. Russia , nos. 2653/13 and 60980/14, §§ 166 - 18 3, 4 October 2016 ) ?

4. Were the restrictions imposed by the State in the present case, purportedly pursuant to Article s 10 and/or 11 of the Convention, applied for a purpose other than those envisaged by that provision, contrary to Article 18 of the Convention?

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