THIRD SECTION
DECISION
Application no. 48407/19
Svetlana Aleksandrovna BAKSHEYEVA
against Russia
(see appended table)
The European Court of Human Rights (Third Section), sitting on 13 February 2025 as a Committee composed of:
Diana Kovatcheva, President,
Úna Ní Raifeartaigh,
Mateja Đurović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 5 September 2019,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table. She was represented by Mr I. Sholokhov, a lawyer practising in Kazan.
The applicant’s complaints under Article 10 of the Convention, concerning an unjustified restriction on the right to freedom of expression, and under Article 6 of the Convention, regarding the absence of a prosecutor from the proceedings, were communicated to the Russian Government.
THE LAW
The Court notes that on 13 August 2020 the Supreme Court of the Russian Federation quashed the applicant’s conviction on the grounds that the statutory elements of the offence had not been met.
In these circumstances, the applicant can no longer claim to be a victim of the alleged violation.
Accordingly, this application is incompatible ratione personae with the provisions of the Convention within the meaning of Article 35 § 3 (a) and must be rejected in accordance with Article 35 § 4.
It follows that this application must be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 6 March 2025.
Viktoriya Maradudina Diana Kovatcheva
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 10 of the Convention
(various restrictions on the right to freedom of expression)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Summary of facts
Final decision
Date
Name of the court
Penalty (award, fine, imprisonment)
Legal issues
Other complaints under well-established case‑law
48407/19
05/09/2019
Svetlana Aleksandrovna BAKSHEYEVA
1972
Igor Nikolayevich Sholokhov
Kazan
The applicant was convicted under Article 20.1(3) of the CAO for criticising the regional governor in online comments about a controversial landfill project.
Arkhangelsk Regional Court, 30/07/2019
Supreme Court of the Russian Federation
13/08/2020
Fine of RUB 30,000
Conviction quashed
Criminalisation of online criticism of public officials through vague legal provisions on "disrespect of authorities".
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings