4.  The applicants were members of the National Bolsheviks Party.
5.  On 14 December 2004 a group of about forty Party members, including the applicants, entered the waiting area of the President’s Administration building in Moscow and locked themselves in an office on the ground floor.
6.  They asked for a meeting with the President, the deputy head of the President’s Administration Mr Surkov, and the President’s economic advisor Mr Illarionov. They waved placards with “Putin, resign!” («Путин, уйди!») written on them through the window and distributed leaflets with a printed address to the President that listed ten aspects in which he failed to respect the Russian Constitution, and a call for his resignation.
7.  The intruders stayed in the office for one hour and a half until the police broke through the door and arrested them.
8.  On 16 December 2004 the Khamovnicheskiy District Court of Moscow ordered the applicants’ custody.
9.  On 15 and 16 February 2005 the applicants were charged with participation in mass disorders, an offence under Article 212 § 2 of the Criminal Code. According to the statement of the charges, at 12.30 p.m. on 14 December 2004 forty Party members had effected an unauthorised entry into the reception area of the Administration of the President of the Russian Federation. They had pushed away the guards at the entrance, knocked over two metal detectors and occupied room no. 14 on the ground floor. They had locked themselves in and blocked the door with a heavy safe. Until the arrival of the police, the Party members, including the applicants, had waved anti‑President placards through the office window, thrown out leaflets and chanted slogans calling for the President’s resignation. They had stayed in the office for approximately one hour, destroyed office furniture and equipment and damaged the walls and the ceiling.
10.  On 20 June 2005 thirty-nine persons, including the applicants, were committed for trial before the Tverskoy District Court of Moscow.
11.  On 30 June 2005 the Tverskoy District Court held a preliminary hearing. The court ordered, in particular, that all defendants should remain in custody pending trial.
12.  The trial started on 8 July 2005. Hearings were held on 11, 14, 27 and 29 July, 1, 3, 10, 12, 15, 19, 22, 23, 29 and 31 August, 1, 2, 5, 6, 7, 9, 12, 14, 16, 19, 20, 21, 23, 27 and 30 September, 3, 4, 6, 7, 10, 12, 17 and 24 October and 15, 16, 17, 18, 21 and 22 November 2005. Hearings often continued until late in the evening.
13.  According to the applicants, the fast pace of the trial, coupled with the remand centre regulations prohibiting visits on weekends and allowing counsel to see no more than one client per day, prevented them from having a sufficient number of consultations with their counsel. On 1, 2 and 5 September 2005 the applicants asked the court that hearings be held less frequently. They complained that they were tired because on the hearing days they had to get up early. They could not consult a doctor as they left for the courthouse before the facility doctor’s opening hours. They also often left the detention facility before breakfast and returned after supper. They did not therefore receive regular food. Nor could they have a walk in the exercise yard. Finally, they did not have sufficient time for meetings with counsel or relatives. The court rejected their requests and continued to schedule hearings almost every day.
14.  On 19 September 2005 counsel unsuccessfully complained, relying on Article 6 § 3 (b) of the Convention, that because of the frequent hearings they did not have sufficient time to meet with the defendants and prepare their defence.
15.  While in the courtroom the defendants were held in four metal cages. Counsel tables were placed at a distance of about 1.5 to 2 m from the cages. Police guards were stationed between the cages and the counsel tables. The applicants submitted a courtroom plan and photographs confirming that arrangement.
16.  According to the applicants, in the courtroom they could confer with their counsel only during short (two to five minutes) breaks in the hearings. The guards allowed only two counsel to approach the cages at the same time. Given that there were thirty-nine defendants and twenty-four counsel, the defendants could not effectively discuss the case with their counsel. The guards remained near the cages all the time and could hear the applicants’ consultations with their counsel.
17.  The defendants asked the judge that conditions be provided in the courtroom for their confidential consultations with counsel. The prosecutor objected, claiming that the defendants could meet their counsel in private in the detention facility. The judge rejected the defendants’ request, finding that the courtroom was not designed for confidential consultations with counsel. The defendants’ meeting with counsel could be held in “some other places”.
18.  During the trial the applicants and their co-defendants stated that they had taken part in a peaceful protest against President Putin’s politics. They had come to the President’s Administration to meet the officials and hand over a petition that listed the President’s ten failures to comply with the Constitution and contained a call for his resignation. They had entered the waiting area and, as the guards had attempted to stop them and had threatened them with violence, had locked themselves in an office on the ground floor. They had chanted slogans and distributed leaflets thereby expressing their opinion about important political issues. They denied destroying any furniture or offering resistance to the police. They claimed that the furniture had been destroyed by the guards and the police officers who had arrested them.
19.  The guards and the police officers testified that the defendants had forced their passage into the building by knocking down two metal detectors and had locked themselves up in one of the offices. They had resisted the attempts to force the door. After the door had been forced, the witnesses had seen that the furniture in the office had been damaged. As the defendants had refused to leave the office, they had been dragged out by force.
20.  Counsel for the defendants asked the guards questions about the names and positions of the persons who had given orders during the arrest operation, the number of persons involved in the arrest operation, the witnesses’ exact positions and duties and about the substance of the orders they had received from their superiors. The witnesses refused to reply referring to the confidential nature of that information.
21.  Counsel asked the judge to take measures provided by law, such as a fine, in order to compel the witnesses to reply to the questions. They also asked that the questioning be continued in camera, given that confidential information was to be discussed. They argued that the questions were relevant and important for the defence because it was necessary to understand whether the police and the guards had acted within their powers. The judge rejected their requests, finding that there was no reason to believe that State secrets would be revealed during the questioning of the witnesses. In any event, the questions put by the defence were irrelevant.
22.  On 8 December 2005 the Tverskoy District Court found the applicants and their co-defendants guilty of participation in mass disorders. It held as follows:
“[The defendants], acting in conspiracy, committed serious breaches of public safety and order by disregarding established norms of conduct and showing manifest disrespect for society ... They effected an unauthorised entry into the reception area of the President of the Russian Federation’s Administration building and took over office no. 14 on the ground floor... They then blocked the door with a heavy metal safe and conducted an unauthorised meeting, during which they waved the National Bolsheviks Party flag and placards, threw anti-[Putin] leaflets out [of windows] and issued an unlawful ultimatum by calling for the President’s resignation, thereby destabilising the normal functioning of the President’s Administration and preventing its reception personnel from performing their service duties, namely ... reception of members of the public and examination of applications from citizens of the Russian Federation ...
While performing the above disorderly acts [the defendants] ... destroyed and damaged property in the offices of the reception area of the President’s Administration building ...”
23.  Given that the defendants had voluntary compensated the pecuniary damage caused by their actions and taking into account their positive references, the court sentenced the majority of them to various terms of imprisonment (ranging from one year and six months to three years) conditional on two or three years’ probation. They were immediately released. Eight defendants, including five applicants (Mr Osnach, Mr Reznichenko, Ms Ryabtseva, Mr Tonkikh and Ms Chernova), were sentenced to terms of imprisonment ranging from two years to three years and six months without remission. The court found that those defendants could not be released on probation, taking into account their active role in the commission of the offence, negative references and the fact that some of them had been earlier charged with administrative or criminal offences which however did not result in convictions.
24.  The applicants appealed. They complained, in particular, that their defence rights had been substantially curtailed. They also submitted that when determining the sentences the trial court had unlawfully taken into account the defendants’ respective roles in the commission of the imputed offence, given that the charges brought against them were identically phrased and that the role and actions of each defendant had not been detailed.
25.  On 29 March 2006 the Moscow City Court upheld the conviction on appeal, finding that the charges had been brought in accordance with the procedure provided by law and the defence rights had been respected.