Published on 8 January 2024
THIRD SECTION
Application no. 20291/17
Viktor Viktorovich VOROBYEV against Russia
and 25 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 30 November 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER
The applications concern complaints raised under Article 8 § 1 of the Convention relating to secret surveillance in the context of criminal proceedings which are the subject of well-established case law of the Court (see Bykov v. Russia [GC], no. 4378/02, 10 March 2009, Akhlyustin v. Russia, no. 21200/05, 7 November 2017, Zubkov and Others v. Russia, nos. 29431/05 and 2 others, 7 November 2017, Dudchenko v. Russia, no. 37717/05, 7 November 2017, Moskalev v. Russia, no. 44045/05, 7 November 2017 and Konstantin Moskalev v. Russia, no. 59589/10, 7 November 2017).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 8 § 1 of the Convention
(secret surveillance)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Type of secret surveillance
Domestic proceedings
Other relevant information
Other complaints under well‑established case-law
20291/17
27/02/2017
Viktor Viktorovich VOROBYEV
1989
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a politician and human rights activist. He is a user of Telegram messaging application which uses encryption. and of mail.yandex.ru service. He also has accounts on social networking services VKontakte and Odnoklassniki.
Art. 13 - lack of any effective remedy in domestic law
22802/17
01/03/2017
Aleksey Anatolyevich NAVALNYY
1976
Konstantin Ilyich Terekhov
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted
The applicant is an opposition politician and anti-corruption activist. He is a user of mail.yandex.ru service. He also has accounts on social networking services VKontakte and Odnoklassniki.
Art. 13 - lack of any effective remedy in domestic law
30027/18
13/06/2018
Aleksandr Vladimirovich PLYUSHCHEV
1972
Damir Ravilevich Gaynutdinov
Sofia, Bulgaria
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 20/12/2017 by the Moscow City Court.
The applicant is an opposition journalist. He is a user of Telegram messaging application which uses encryption.
Art. 10 (1) - various restrictions on the right to freedom of expression - The applicant complained that the contested legislation did not contain sufficient safeguards for the protection of journalistic sources
Art. 13 - lack of any effective remedy in domestic law for Article 8 complaint
32920/19
17/06/2019
Yevgeniy Aleksandrovich PROKOPENKO
1988
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a political activist. He is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
33098/19
17/06/2019
Yaroslav Aleksandrovich KARGIN
1983
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a lawyer. He is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
33700/19
18/06/2019
Roman Denisovich KISELEV
1994
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a human rights lawyer. He is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
34263/19
18/06/2019
Oleg Anatolyevich KRAYEV
1981
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a political activist. He is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
34546/19
20/06/2019
Ramil Akhatovich USMANOV
1992
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a political activist. He is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
34547/19
20/06/2019
Natalya Viktorovna MARINKEVICH
1977
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
34677/19
11/06/2019
Roman Aleksandrovich KOROTAYEV
1978
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is the head of an NGO. He is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
34796/19
21/06/2019
Maksim Valeryevich NAUMOV
1989
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
34807/19
18/06/2019
Diana Aleksandrovna LEGRAND
1988
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a lawyer. She is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
34911/19
20/06/2019
Georgiy Vladimirovich KOLOTOV
1986
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a political activist. He is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
34931/19
20/06/2019
Andrey Eduardovich VELDER
1978
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a political activist. He is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
34951/19
11/06/2019
Maksim Aleksandrovich YAKUNOV
1981
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
34952/19
11/06/2019
Aleksandr Sergeyevich ALEKSEYEV
1986
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
35118/19
20/06/2019
Ilya Andreyevich RUSINOV
1998
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a political activist. He is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
35404/19
21/06/2019
Vladimir Fedorovich GARNACHUK
1970
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 12/02/2019 by the Supreme Court of the Russian Federation.
The applicant is a political activist. He is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
35538/19
22/06/2019
Aleksey Vladimirovich SHIRINYA
1987
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
35879/19
24/06/2019
Dmitriy Aleksandrovich VASILENKO
1983
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
36370/19
24/06/2019
Vasiliy Aleksandrovich AGAPKIN
1970
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
36437/19
28/06/2019
Yelena Nikolayevna KARAVAYEVA
1956
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a political activist. She is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law for Article 8 complaint,
Art. 10 (1) - various restrictions on the right to freedom of expression - The applicant was fined (RUB 2,000) in administrative offence proceedings for publishing on social networks a stylised image of the "Smart voting" campaign associated with two associations previously recognised as extremist: "A. Navalnyy’s Election Campaign Team" and "Anti‑corruption Foundation". The image was accompanied by a text calling for unity of all opposition forces necessary to win the elections against the ruling pro-Putin party. Final judgment of 26/07/2022 by the Moscow City Court.
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings - final judgment of 26/07/2022 by the Moscow City Court
36530/19
28/06/2019
Yevgeniy Nikolayevich SHCHERBAKOV
1972
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
36618/19
21/06/2019
Yuriy Vladimirovich BESSONOV
1988
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a political activist. He is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
36845/19
21/06/2019
Yegor Aleksandrovich SEMIN
1994
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
37434/19
24/06/2019
Sergey Vladimirovich YEVSEYEV
1977
Sarkis Simonovich Darbinyan
Moscow
The statutory requirement for Internet communication providers to store the content of all Internet communications and related communications data, and to submit those data to law-enforcement authorities or security services at their request together with information necessary to decrypt electronic messages if they were encrypted.
The applicant challenged the FSB’s disclosure order requiring Telegram Messenger company to disclose technical information which would facilitate “the decryption of communications”. Final judgment of 16/01/2019 by the Supreme Court of the Russian Federation.
The applicant is a political activist. He is a user of Telegram messaging application which uses encryption.
Art. 13 - lack of any effective remedy in domestic law
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