Case: case_190

Atomic Facts:
[{"fact_id": "F001", "text": "The present case concerns the applicant's prosecution in relation to his participation in peaceful assemblies.", "source_paragraph": 1, "section_path": ["THE FACTS"]}, {"fact_id": "F002", "text": "The Government were initially represented by Mr M. Galperin, former Representative of the Russian Federation to the European Court of Human Rights.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F003", "text": "The Government were later represented by Mr M. Vinogradov, successor to Mr M. Galperin as Representative of the Russian Federation to the European Court of Human Rights.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F004", "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": "F005", "text": "On 4 December 2011 the applicant took part in a rally in St Petersburg.", "source_paragraph": 4, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F006", "text": "The rally on 4 December 2011 in St Petersburg was a protest against the alleged fraud committed during the election to the State Duma on the same day.", "source_paragraph": 4, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F007", "text": "Before the Court the applicant referred to a video accessible at an Internet video hosting service relating to the rally on 4 December 2011.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F008", "text": "The video relating to the rally on 4 December 2011 appeared to show that rally from different angles and at different moments.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F009", "text": "The video relating to the rally on 4 December 2011 showed a police officer speaking through a loudspeaker and indicating that the rally had not received official approval from the competent authority.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F010", "text": "The police officer shown in the video indicated that the rally was therefore in breach of the Federal Law on Gatherings, Meetings, Demonstrations, Processions and Pickets, no. 54-FZ of 19 June 2004 (the Public Events Act).", "source_paragraph": 5, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F011", "text": "The police officer shown in the video indicated that participants' actions could amount to an administrative offence.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F012", "text": "The police officer shown in the video asked the journalists who were present at the venue of the rally not to impede the police in carrying out their duties.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F013", "text": "The text of the police officer's announcement was repeated, in nearly identical terms, several times in the video relating to the rally on 4 December 2011.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F014", "text": "The applicant was arrested following the rally on 4 December 2011 and taken to the police station.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F015", "text": "The applicant was released on 5 December 2011.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F016", "text": "On 7 February 2012 a justice of the peace sentenced the applicant to a fine of 700 Russian roubles (approximately 18 euros) for an offence under Article 19.3 § 1 of the Code of Administrative Offences.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F017", "text": "On 7 February 2012 a justice of the peace sentenced the applicant to a fine of 700 Russian roubles (approximately 18 euros) for an offence under Article 20.2 § 2 of the Code of Administrative Offences.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F018", "text": "On both charges arising from the 4 December 2011 rally, the justice of the peace held that the public event in the form of a meeting (митинг) had not been notified to the competent authority in breach of section 5 of the Public Events Act.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F019", "text": "On both charges arising from the 4 December 2011 rally, the justice of the peace held that the public event in the form of a meeting (митинг) had not been notified to the competent authority in breach of sub-paragraph 2 of paragraph 3 of section 6 of the Public Events Act.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F020", "text": "On both charges arising from the 4 December 2011 rally, the justice of the peace held that the police had informed the participants of the breach several times and had instructed them to stop the meeting and to disperse.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F021", "text": "The applicant appealed his convictions arising from the 4 December 2011 rally before the Kirovo-Chepetskiy District Court of the Kirov Region.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F022", "text": "In his appeal before the Kirovo-Chepetskiy District Court of the Kirov Region, the applicant argued that there had been no evidence that he personally (rather than the event itself or other people) had not complied with the statutory obligation to respect the 'public order' under sub-paragraph 2 of paragraph 3 of section 6 of the Public Events Act.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F023", "text": "The applicant was notified of the appeal hearing before the Kirovo-Chepetskiy District Court of the Kirov Region but decided not to participate in it.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F024", "text": "On 26 March 2012 the Kirovo-Chepetskiy District Court of the Kirov Region upheld the trial judgments relating to the 4 December 2011 rally.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F025", "text": "The applicant received copies of the appeal decisions relating to the 4 December 2011 rally on an unspecified date.", "source_paragraph": 10, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F026", "text": "On 25 May 2012 the applicant sought review under Article 30.12 of the Code of Administrative Offences in respect of his conviction under Article 19.3 § 1 of the Code of Administrative Offences arising from the 4 December 2011 rally.", "source_paragraph": 10, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F027", "text": "On 14 August 2012 the applicant sought review under Article 30.12 of the Code of Administrative Offences in respect of his conviction under Article 20.2 § 2 of the Code of Administrative Offences arising from the 4 December 2011 rally.", "source_paragraph": 10, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F028", "text": "On 22 June 2012 the Deputy President of the Kirov Regional Court confirmed the applicant's conviction under Article 19.3 § 1 of the Code of Administrative Offences on review.", "source_paragraph": 10, "section_path": ["THE FACTS", "I. PROTEST RALLY ON 4 DECEMBER 2011"]}, {"fact_id": "F029", "text": "On 6 September 2012 the Deputy President of the Kirov Regional Court confirmed the applicant's conviction under Article 20.2 §

Fact Mapping:
{"list1": {"scope": ["F005", "F006", "F031", "F046", "F047", "F048", "F049", "F064", "F075", "F100", "F101", "F102", "F103", "F104", "F001", "F032", "F036", "F038", "F067", "F068", "F073", "F093", "F115", "F018", "F019", "F054", "F094", "F110", "F116", "F119"], "interference": ["F016", "F017", "F039", "F067", "F096", "F018", "F019", "F036", "F054", "F068", "F094", "F110"], "prescribed_by_law": ["F126", "F127", "F145", "F147", "F154"], "legitimate_aim": ["F125", "F126", "F127"], "necessity": ["F005", "F006", "F031", "F014", "F035", "F039", "F024", "F030", "F036", "F037", "F038", "F040", "F041", "F042", "F044", "F032", "F064", "F067", "F068", "F073", "F065", "F145", "F074", "F079", "F080", "F082", "F090", "F094", "F095", "F096", "F053", "F054", "F058", "F063", "F112", "F113", "F018", "F019", "F110", "F116", "F119", "F106", "F107", "F108"], "positive_obligation": []}, "list2": {"scope": ["F001", "F005", "F006", "F031", "F046", "F064", "F075", "F100", "F102", "F093", "F115", "F036", "F068"], "interference": ["F016", "F017", "F039", "F067", "F096"], "prescribed_by_law": ["F126", "F145", "F147", "F154"], "legitimate_aim": ["F125", "F126"], "necessity": ["F005", "F006", "F031", "F024", "F030", "F036", "F039", "F065", "F068", "F073", "F067", "F096", "F145", "F018", "F054", "F094", "F110", "F116", "F079", "F080", "F082", "F090", "F106", "F108", "F053", "F063", "F112"], "positive_obligation": []}, "list3": ["F001", "F005", "F006", "F031", "F064", "F075", "F018", "F030", "F036", "F065", "F068", "F079", "F080", "F082", "F090", "F039", "F067", "F145"]}

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