Communicated on 20 November 2018

THIRD SECTION

Application no. 67200/12
Ivan Sergeyevich BODALEV
against Russia
lodged on 13 September 2012

SUBJECT MATTER OF THE CASE

On 4 December 2011 the applicant took part in a protest rally. Using a loudspeaker the police indicated that this public assembly was unlawful but did not issue any specific order, for instance an order to disperse voluntarily as required by the Public Events Act (PEA). Instead, the police proceeded with a forcible dispersal and arrests. The applicant was then sentenced to small fines under Articles 19.3 § 1 and 20.2 § 2 of the Code of Administrative Offence (CAO).

The applicant was sentenced to eleven days of detention under Article 19.3 § 1 of the CAO on account of the refusal to comply with the order to disperse in relation to another protest rally on 6 December 2011.

On 26 December 2012 several people staged a “performance” aimed at “reviving” the Russian Constitution and consisting of a coffin filled with the brochures containing its texts, and a speech. The applicant held a poster and uttered several slogans. After the end of the performance, he was arrested and later on sentenced to a fine under Article 20.2 of the CAO for participating in a “public event” falling within the scope of the PEA.

On 31 December 2012 the applicant was arrested during a rally, allegedly, prior to hearing and, a fortiori, disobeying any specific order from the police. He was then sentenced to fines under Articles 19.3 § 1 and 20.2 § 2 of the CAO.

On 5 April 2013 the applicant took part in a public assembly. A judge then refused to examine a case against him under Article 19.3 of the CAO for the alleged failure to disperse, noting that the available video recording did not show that any such specific order had been given. However, in separate proceedings the applicant was sentenced to a fine under Article 20.2 § 5 of the CAO on account of him continuing to “run” the non‑notified assembly, despite being informed that it was unlawful and despite the police order to disperse.

On 27 June 2013 the applicant and another person climbed onto the balcony at the