Case: case_108

Atomic Facts:
[{"fact_id": "F001", "text": "The present case concerns the first applicant's static demonstration in November 2009.", "source_paragraph": 1, "section_path": ["THE FACTS"]}, {"fact_id": "F002", "text": "The present case concerns the first applicant's prosecution for an administrative offence related to his static demonstration in November 2009.", "source_paragraph": 1, "section_path": ["THE FACTS"]}, {"fact_id": "F003", "text": "The present case concerns the interception of the applicants' telephone communications.", "source_paragraph": 1, "section_path": ["THE FACTS"]}, {"fact_id": "F004", "text": "The Government were initially represented by Mr G. Matyushkin, Representative of the Russian Federation to the European Court of Human Rights.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F005", "text": "The Government were subsequently represented by Mr M. Galperin, Representative of the Russian Federation to the European Court of Human Rights.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F006", "text": "The Government were latterly represented by Mr M. Vinogradov, Representative of the Russian Federation to the European Court of Human Rights, as successor to Mr M. Galperin in that office.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F007", "text": "The facts of the case, as submitted by the parties, may be summarised as follows.", "source_paragraph": 3, "section_path": ["THE FACTS"]}, {"fact_id": "F008", "text": "Between 2005 and 2012 the applicants worked for the Gelendzhik Human Rights Centre.", "source_paragraph": 4, "section_path": ["THE FACTS"]}, {"fact_id": "F009", "text": "The first applicant was a registered private entrepreneur.", "source_paragraph": 4, "section_path": ["THE FACTS"]}, {"fact_id": "F010", "text": "Among their various activities, the applicants were involved in locating unlawfully constructed buildings in the town of Gelendzhik and reporting them to the authorities.", "source_paragraph": 4, "section_path": ["THE FACTS"]}, {"fact_id": "F011", "text": "In the absence of an adequate response from the authorities, the applicants would initiate various proceedings before the civil or commercial courts.", "source_paragraph": 4, "section_path": ["THE FACTS"]}, {"fact_id": "F012", "text": "The applicants also had recourse to other actions, such as demonstrations (see also Achilov and Others v. Russia [Committee], nos. 10780/07 and 54004/07, 9 June 2020).", "source_paragraph": 4, "section_path": ["THE FACTS"]}, {"fact_id": "F013", "text": "On an unspecified date the second applicant was arrested on suspicion of a criminal offence.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. APPLICATION No. 55674/10"]}, {"fact_id": "F014", "text": "The first applicant submitted a notice to the Gelendzhik municipality notifying them of his intention to hold a static demonstration on 26 November 2009 near the town office of the Federal Security Service (FSB).", "source_paragraph": 6, "section_path": ["THE FACTS", "I. APPLICATION No. 55674/10"]}, {"fact_id": "F015", "text": "The notice submitted by the first applicant to the Gelendzhik municipality specified that the event's goal was to draw the public's attention to the allegedly unlawful arrest of the second applicant.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. APPLICATION No. 55674/10"]}, {"fact_id": "F016", "text": "On 23 November 2009, referring to section 12 § 2 of the Public Events Act (Federal Law no. 54-FZ of 19 June 2004) and Article 294 of the Criminal Code, the Gelendzhik municipality issued a warning document to the first applicant.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. APPLICATION No. 55674/10"]}, {"fact_id": "F017", "text": "The warning document issued by the Gelendzhik municipality on 23 November 2009 invited the first applicant to abstain from holding the planned demonstration.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. APPLICATION No. 55674/10"]}, {"fact_id": "F018", "text": "The warning document issued by the Gelendzhik municipality on 23 November 2009 indicated that if the demonstration were to be held, the first applicant and participants might be held liable.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. APPLICATION No. 55674/10"]}, {"fact_id": "F019", "text": "On 26 November 2009 the first applicant held the demonstration as planned.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. APPLICATION No. 55674/10"]}, {"fact_id": "F020", "text": "By a judgment of 15 December 2009, a justice of the peace convicted the first applicant under Article 20.2 § 2 of the Code of Administrative Offences.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. APPLICATION No. 55674/10"]}, {"fact_id": "F021", "text": "The justice of the peace sentenced the first applicant to a fine of 2,000 Russian roubles (approximately 45 euros at the time).", "source_paragraph": 8, "section_path": ["THE FACTS", "I. APPLICATION No. 55674/10"]}, {"fact_id": "F022", "text": "The justice of the peace held that the first applicant had committed a breach of public order on account of his failure to abstain from holding the demonstration despite the lawful warning document issued by the Gelendzhik municipality.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. APPLICATION No. 55674/10"]}, {"fact_id": "F023", "text": "The justice of the peace stated that the first applicant's actions amounted to 'putting pressure on justice in relation to a specific criminal case'.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. APPLICATION No. 55674/10"]}, {"fact_id": "F024", "text": "On 20 January 2010 the Gelendzhik Town Court of the Krasnodar Region upheld the judgment of 15 December 2009 convicting the first applicant.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. APPLICATION No. 55674/10"]}, {"fact_id": "F025", "text": "The Gelendzhik Town Court of the Krasnodar Region stated that the goal of the first applicant's demonstration amounted to indirect interference with the administration of justice in the criminal case against Mr Ivanov.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. APPLICATION No. 55674/10"]}, {"fact_id": "F026", "text": "By two decisions of 3 October 2011, an unspecified judge of Oktyabrskiy District Court of Novorossiysk authorised the tapping of the applicants' conversations on three mobile telephone numbers.", "source_paragraph": 10, "section_path": ["THE FACTS", "II. APPLICATION No. 54271/12", "A. Interception of telephone communications"]}, {"fact_id": "F027", "text": "The authorisation for tapping the applicants' conversations on three mobile telephone numbers was granted from 3 October 2011 for 180 days.", "source_paragraph": 10, "section_path": ["THE FACTS", "II. APPLICATION No. 54271/12", "A. Interception of telephone communications"]}, {"fact_id": "F028", "text": "The decision of 3 October 2011 in respect of the second applicant mentioned that, according to information held by the FSB office of the Krasnodar Region, the second applicant was the subject of investigative file no. 543 (дело оперативного учета).", "source_paragraph": 10, "section_path": ["THE FACTS", "II. APPLICATION No. 54271/12", "A. Interception of telephone communications"]}, {"fact_id": "F029", "text": "The decision of 3 October 2011 in respect of the second applicant mentioned that data obtained in respect of him indicated that he had been involved in the organisation of an extremist community, which is an offence under Article 282.1 of the Criminal Code.", "source_paragraph": 10, "section_path": ["THE FACTS", "II. APPLICATION No. 54271/12", "A. Interception of telephone communications"]}, {"fact_id": "F030", "text": "On 20 February 2012 the applicants were arrested in relation to unrelated criminal proceedings concerning fraud charges under Article 159 of the Criminal Code.", "source_paragraph": 11, "section_path": ["THE FACTS", "II. APPLICATION No. 54271/12", "A. Interception of telephone communications"]}, {"fact_id": "F031", "text": "On 18 April 2012 the court extended the first applicant's detention.", "source_para

Fact Mapping:
{"list1": {"scope": ["F001", "F013", "F014", "F015", "F016", "F017", "F018", "F019", "F020", "F024", "F002"], "interference": ["F002", "F016", "F017", "F018", "F019", "F020", "F021", "F022"], "prescribed_by_law": ["F072", "F073"], "legitimate_aim": ["F013", "F016", "F017", "F022", "F023", "F024", "F025"], "necessity": ["F016", "F017", "F022", "F023", "F024", "F025"], "positive_obligation": []}, "list2": {"scope": ["F013", "F014", "F015", "F019"], "interference": ["F016", "F017", "F018", "F020"], "prescribed_by_law": [], "legitimate_aim": ["F016", "F022", "F023", "F025"], "necessity": ["F016", "F022", "F023", "F025"], "positive_obligation": []}, "list3": ["F014", "F016", "F019", "F020", "F022", "F025"]}

Conclusion:
{"violated": true, "elements": {"scope": {"conclusion": "yes", "discussed": "implied"}, "scope_assembly_exists": {"conclusion": "yes", "discussed": "implied"}, "scope_participation": {"conclusion": "yes", "discussed": "implied"}, "scope_peaceful": {"conclusion": "yes", "discussed": "implied"}, "interference": {"conclusion": "yes", "discussed": "explicit"}, "prescribed_by_law": {"conclusion": "yes", "discussed": "implicit"}, "prescribed_by_law_foreseeable": {"conclusion": null, "discussed": "not_discussed"}, "prescribed_by_law_accessible": {"conclusion": null, "discussed": "not_discussed"}, "prescribed_by_law_safeguards": {"conclusion": null, "discussed": "not_discussed"}, "legitimate_aim": {"conclusion": "no", "discussed": "explicit", "aims": ["public_safety", "prevention_of_disorder", "prevention_of_crime", "rights_of_others"]}, "necessity": {"conclusion": "no", "discussed": "explicit"}, "positive_obligation": {"conclusion": null, "discussed": "not_discussed"}}}