Published on 27 March 2023
SECOND SECTION
Application no. 5053/18
Roman Aydarovich ABDULMANOV against Russia
and 30 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 2 March 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 applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
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 the complaints raised under Article 11 of the Convention relating to the disproportionate measures against organisers and participants of public assemblies which are the subject of well-established case law of the Court (see Frumkin v. Russia, no. 74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014 and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 11 of the Convention
(disproportionate measures against organisers and participants of public assemblies)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Name of the public event
Location
Date
Administrative charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
5053/18*
08/01/2018
Roman Aydarovich ABDULMANOV
1984
Konstantin Ilyich Terekhov
Moscow
Anti-corruption manifestation
St Petersburg
12/06/2017
Anti-corruption manifestation
St Petersburg
12/06/2017
Article 19.3 § 1 of CAO
Article 20.2 § 5 of CAO
administrative detention of 5 days
administrative fine of RUB 12,000
St Petersburg City Court
20/07/2017
St Petersburg City Court
25/07/2017
Art. 5 (1) - unlawful escorting and detention on 12/06/2017 at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva v. Russia, no. 72051/17, §§ 34-35, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 others, § 35, 2 July 2019, Butkevich v. Russia, no. 5865/07, §§ 63-64, 13 February 2018; Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings described under Art. 11 (see Karelin v. Russia, no. 926/08, §§ 69-84, 20 September 2016)
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of 5 days of administrative detention. Immediate execution of that sentence after conviction by a trial court (see Tsvetkova and Others, cited above, §§ 179-91; Martynyuk v. Russia, no. 13764/15, §§ 38‑42, 8 October 2019)
37350/19*
29/06/2019
Aleksandr Vladimirovich BUIMOV
1994
Nikolay Sergeyevich Zboroshenko
Mytishchi
March
Moscow
15/02/2019
Manifestation against construction of highway Ugo-Vostochnaya Khorda
Moscow
19/03/2020
Article 20.2 § 8 of CAO
Article 20.2 § 6.1 of CAO
administrative detention of 20 days
administrative fine of RUB 10,000
Moscow City Court
27/02/2019
Moscow City Court
24/08/2020
Art. 5 (1) - unlawful escorting and detention from 20/02/2019 to 19/03/2020 at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-23, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
1777/20*
21/12/2019
Sergey Yuryevich TIUNOV
1968
Irina Yuryevna Ruchko
Yekaterinburg
Political manifestation
Yekaterinburg
07/07/2019
Article 20.2 § 2 of CAO
administrative detention of 5 days
Sverdlovsk Regional Court
16/07/2019
Art. 5 (1) - unlawful escorting and detention on 08/07/2019 at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based (police officers arrested the applicant after his participation in the solo picketing on 24/02/2022)
Art. 10 (1) - conviction for making calls to participate in public events - Final decision: 06/11/2019, Sverdlovsk Regional Court, Art. 20.2 § 8 of the CAO, penalty: 100 hours of community works (see Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019)
Art. 10 (1) - disproportionate measures against solo demonstrators - solo picketing against war in Ukraine on 24/02/2022, final decision: on 03/03/2022, Sverdlovsk Regional Court, penalty: 30 days of administrative detention (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016)
3183/20*
27/12/2019
Ruslan Vladimirovich TIMIRGALEYEV
1979
Manifestation against demolition of a public bath
Kazan
28/10/2019
Article 20.1 § 1 of CAO
administrative detention of 5 days
Supreme Court of the Tatarstan Republic
01/11/2019
Art. 5 (1) - unlawful escorting and detention on 28/10/2019 at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances”; the applicant remained in detention after the offence record had been compiled (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative‑offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others, §§ 179-91; Martynyuk, §§ 38-42, both cited above)
3189/20
12/12/2019
Viktor Nikolayevich CHEKRYGIN
1972
Igor Nikolayevich Sholokhov
Kazan
March and manifestation against construction of a disposal site
Arkhangelsk
07/04/2019
Article 20.2 § 5 of CAO
Article 20.2 § 6.1 of CAO
Administrative fines of RUB 15,000 for each breach of Article of CAO
Arkhangelsk Regional Court
22/10/2019 in both sets of the proceedings
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings Conviction of two administrative offences for participating in one public assembly - March and Manifestation on 70/04/2019. Overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings.
Final decision in both sets of proceedings – 22/10/2019, Arkhangelsk Regional Court; Art. 20.2 § 6.1 CAO and Art. 20.2 § 5 CAO (see Korneyeva, cited above, §§ 58‑65)
8425/20
24/01/2020
Vladislav Dmitriyevich SIVKOV
1996
Igor Nikolayevich Sholokhov
Kazan
March and manifestation against construction of a disposal site
Arkhangelsk
07/04/2019
Two separate counts of administrative charges under Article 20.2 § 8 of CAO
administrative fines of RUB 160,000 and 155,000 respectively
Arkhangelsk Regional Court
17/09/2019 in both sets of the proceedings
Art. 5 (1) - unlawful escorting and detention from 21/08/2019 to 22/08/2019 at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances”; the applicant remained in detention after the offence record had been compiled (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-23, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings Conviction of two administrative offences for participating in one public assembly - March and Manifestation on 07/04/2019. Overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings. Final decision in both sets of proceedings – 17/09/2019, Arkhangelsk Regional Court. Art. 20.2 § 8 of CAO (see Korneyeva, cited above, §§ 58-65)
8438/20
24/01/2020
Yelizaveta Vladimirovna KHATANZEYSKAYA
1987
Igor Nikolayevich Sholokhov
Kazan
March and manifestation against construction of a disposal site
Arkhangelsk
07/04/2019
Article 20.2 § 6.1 of CAO, Article 20.2 § 5 of CAO
Two administrative fines of RUB 10,000 each
Arkhangelsk Regional Court, 17/10/2019 and
05/12/2019
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings Conviction of two administrative offences for participating in one public assembly - March and Manifestation on 07/04/2019. Overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings. Final decisions: Arkhangelsk Regional Court, 17/10/2019 and
05/12/2019 (see Korneyeva, cited above, §§ 58-65)
10931/20
22/02/2020
Petr Andreyevich YATSENKO
1990
Memorial Human Rights Centre
Moscow
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019
Article 20.2 § 6 of CAO
Administrative fine of RUB 20,000
Moscow City Court
22/08/2019
Art. 5 (1) - unlawful escorting and detention from 27/07/2019 to 29/07/2019 at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances”; the applicant remained in detention after the offence record had been compiled (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-23, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
26338/20
25/03/2020
Yelena Ilyinichna FOKINA
1985
Igor Nikolayevich Sholokhov
Kazan
March and manifestation against construction of a disposal site
Arkhangelsk
07/04/2019
Manifestation in support of Navalnyy
Arkhangelsk
23/01/2021
Article 20.2 § 6.1 of CAO, Article 20.2 § 5 of CAO
Article 20.2 § 6.1 of CAO
Two administrative fines of RUB 10,000 each
administrative fine of RUB 2,000
Arkhangelsk Regional Court, 17/10/2019 and
12/12/2019
Arkhangelsk Regional Court
16/03/2021
Art. 5 (1) - unlawful escorting and detention on 31/01/2021, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based (final decisions of the Arkhangelsk Regional Court of 16/03/2021 and 7/04/2021),
Art. 10 (1) - conviction for making calls to participate in public events - Conviction under Art. 20.2 of CAO to a fine of RUB 20,000 for calling on the public to participate in an unauthorised public event (see Elvira Dmitriyeva, cited above, §§ 77-90)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - two separate prosecutions and administrative convictions under A20.2 CAO for participating in one “hybrid” public assembly - March and Manifestation on 07/04/2019. Overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings. Final decisions: Arkhangelsk Regional Court, 17/10/2019 and 12/12/2019 (see Korneyeva, cited above, §§ 58-65)
33630/20*
22/07/2020
Svetlana Anatolyevna MARINA
1967
Inna Viktorovna Kosheleva
Kirov
Manifestation against political repressions
Kirov
29/10/2019
Manifestation in support of Navalnyy
Kirov
23/01/2021
Manifestation against political repressions
Kirov
06/01/2022
Article 20.2.2 § 1 of CAO
Article 20.2 § 8 of CAO
Article 20.2.2 § 1 of CAO
administrative fine of RUB 5,000
administrative detention of 5 days
administrative fine of RUB 10,000
Kirov Regional Court
23/01/2020
Kirov Regional Court
04/03/2021
Kirov Regional Court
22/04/2022
Art. 5 (1) - unlawful detention, two counts: respectively on 27/01/2021 and on 24/02/2022 the applicant came to the police office for completion of an administrative protocol, she remained in detention until her trial (see Korneyeva, § 35; Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based (as regards the applicant’s solo picketing on 15/01/2022, administrative proceedings ended with the final decision of 18/03/2022 of the Kirov Regional Court; and as regards the manifestation on 06/01/2022 against political repressions ended up with the final decision of 22/04/2022 of the Kirov Regional Court)
Art. 10 (1) - disproportionate measures against solo demonstrators - Administrative conviction (final on 18/03/2022, Kirov Regional Court) of 5 days of administrative detention for solo picketing in Kirov (see Novikova and Others, cited above)
Art. 10 (1) - conviction for making calls to participate in public events - conviction (final on 18/03/2022, Kirov regional Court) for an administrative offence for calling on the public to participate in an unauthorised public event (see Elvira Dmitriyeva, cited above, §§ 77‑90).
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - In the cases concerning a manifestation in support of Navalnyy and solo picketing (three counts): the applicant started serving her administrative detention immediately after the first-instance court conviction, on account of lack of suspensive effect of the appeal under the CAO (see Tsvetkova and Others, §§ 179-91; Martynyuk, §§ 38-42, both cited above)
36049/20*
28/07/2020
Vladimir Ivanovich POPARETSKIY
1968
Ernest Aleksandrovich Mezak
Saint-Barthélemy d’Anjou
Manifestation for fair elections to Moscow Parliament
Moscow
10/08/2019
Article 20.2 § 5 of CAO
administrative fine of RUB 10,000 (each of the applicants)
Moscow City Court
28/10/2019
Art. 5 (1) - unlawful escorting and detention of the first applicant (Mr Poparetskiy) on 10/08/2019, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party the administrative-offence proceedings described under Art. 11, concerning the first applicant (see Karelin, cited above, §§ 69-84)
Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based (concerning the first applicant)
41346/20
27/08/2020
Ilya Grigoryevich RYKOV
1990
Igor Nikolayevich Sholokhov
Kazan
March and manifestation against construction of a disposal site
Arkhangelsk
07/04/2019
Article 20.2 § 6.1 of CAO, Article 20.2 § 5 of CAO
administrative fines of RUB 14,000 and 12,000 respectively
Arkhangelsk Regional Court, 16/06/2020 and 29/06/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the above mentioned administrative-offence proceedings described under Art. 11 (see Karelin, §§ 69-84, cited above)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - two separate prosecutions and administrative convictions under Article 20.2 of CAO for one public assembly – March and Manifestation. Last final respective decisions: 16/06/2020 and 29/06/2020 of the Arkhangelsk Regional Court (see Korneyeva, cited above, §§ 58-65)
52886/20*
13/11/2020
Sergey Vladimirovich KUZIN
1979
Manifestation in support of Navalny
St Petersburg
31/01/2021
Manifestation in commemoration of B. Nemtsov
St Petersburg
29/02/2020
Article 20.2.2 § 1 of CAO
Article 20.2 § 5 of CAO
administrative detention of 7 days
administrative fine of RUB 10,000
St Petersburg City Court
23/04/2021
St Petersburg City Court
11/08/2020
Art. 5 (1) – two counts:
1) unlawful escorting and detention, after the manifestation of 31/01/2021, from 20/04/2021 to 21/04/2021 in the police station for the sole purpose to draft an administrative-offence record, and he remained in detention even after, until the hearings of his administrative-offence case (see (see Korneyeva, §§ 34‑35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-23, all cited above)
2) unlawful escorting on 12/03/2020, after the manifestation of 29/02/2020, for the sole purpose of drawing up a record of administrative offence (see Korneyeva, cited above, § 34)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others, §§ 179-91; Martynyuk, §§ 38-42, both cited above)
52904/20
13/11/2020
Vasiliy Yevgenyevich KUNIN
1993
Aleksandr Dmitriyevich Peredruk
St Petersburg
Authorised demonstration on free elections
St Petersburg
01/05/2019
Manifestation in commemoration of B. Nemtsov
St Petersburg
29/02/2020
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO
administrative proceedings were terminated due to a lack of corpus delicti
administrative fine of RUB 10,000
Kuybyshevskiy District Court of St Petersburg
19/06/2019
(compensation claim partly accepted by the Supreme Court on 02/04/2021)
St Petersburg City Court
11/08/2020
Art. 5 (1) - The applicant was arrested on 01/05/2019 during an authorised manifestation and detained in a police station in excess of 3 hours for the sole purpose of drawing up an administrative offence record. On 19/06/2019 the Kuybyshevskiy District Court of St Petersburg terminated the administrative proceedings against the applicant due to a lack of corpus delicti. Subsequently, the applicant lodged a civil claim seeking compensation of non-pecuniary damage caused by unlawful arrest and prosecution. The domestic courts acknowledged the unlawful detention and awarded RUB 3,000 (EUR 35). Final decision: Supreme Court, 02/04/2021 (see Grigoryev and Igamberdiyeva v. Russia [Committee], no. 10970/12, 12 February 2019)
Art. 5 (1) - unlawful escorting on 12/03/2020, after the manifestation of 29/02/2020, for the sole purpose of drawing a record of administrative offence (see Korneyeva, cited above, § 34)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings terminated with the final decision of 11/08/2020 of St Petersburg City Court (see Karelin, cited above, §§ 69-84)
Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based
55337/20
25/11/2020
Olga Anatolyevna PAVLOVA
1962
Andrey Yevgenyevich Shchukin
Nizhniy Tagil
Manifestation in support of manifestations in Khabarovsk
Yekaterinburg, Sverdlovsk Region
06/08/2020
Article 20.2 § 6.1 of CAO
compulsory community works of 60 hours
Sverdlovsk Regional Court
21/10/2020
Art. 5 (1) - unlawful escorting and detention on 06/08/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based
2489/21*
14/12/2020
Vladimir Gelyevich URALOV
1957
Yevgeniy Vyacheslavovich Antokhin
Moscow
Manifestation for fair elections to Mosgorduma
Moscow
14/07/2019
Article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
16/06/2020
Art. 5 (1) - unlawful escorting and detention on 03/08/2019, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based
9921/21*
16/02/2021
Sergey Yuryevich TIUNOV
1968
Irina Yuryevna Ruchko
Yekaterinburg
Manifestation in support of Navalnyy
Yekaterinburg
31/01/2021
Article 20.2 § 8 of CAO
administrative detention of 30 days
Sverdlovsk Regional Court
05/02/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based
10325/21
15/01/2021
Danila Viktorovich SHUMSKIY
1996
Nikolay Sergeyevich Zboroshenko
Mytishchi
Manifestation against the construction of the south-eastern city highway
Moscow
19/03/2020
Article 20.2 § 6.1 of CAO
administrative fine of RUB 10,000
Moscow City Court
18/08/2020
Art. 5 (1) - unlawful escorting and detention on 19/03/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based
10917/21*
01/02/2021
Vadim Nikolayevich BELOTELOV
1982
Darya Dmitriyevna Aksenova
Kolomna
Protest against the construction of a road at a nuclear waste disposal site
Moscow
19/03/2020
Article 19.3 § 1 of CAO
administrative fine of RUB 1,000
Moscow City Court
18/08/2020
Art. 5 (1) - unlawful escorting and detention on 19/03/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative‑offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based
11126/21
01/02/2021
Anastasiya Aleksandrovna PIKULINA
1979
Memorial Human Rights Centre
Moscow
Manifestation in support of Belarusian protests
Moscow
20/09/2020
Article 20.2 § 5 of CAO
administrative fine of RUB 15,000
Moscow City Court
24/11/2020
Art. 5 (1) unlawful escorting and detention on 20/09/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based
11145/21
01/02/2021
Oleg Vadimovich RYABYSHEV
1996
Memorial Human Rights Centre
Moscow
Manifestation against the amendments to the Russian Constitution
Moscow
15/07/2020
Article 20.2 § 6.1 of CAO
administrative fine of RUB 20,000
Moscow City Court
02/09/2020
Art. 5 (1) - unlawful escorting and detention on 15/07/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based
11160/21*
28/01/2021
Yekaterina Volfovna SMIRNITSKAYA
1955
Darya Dmitriyevna Aksenova
Kolomna
Manifestation in support of Konstantin Kotov
Moscow
22/02/2020
Article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
28/07/2020
Art. 5 (1) - unlawful escorting and detention on 22/02/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based
13229/21
01/03/2021
Oleg Tofilyevich GOLOVENKO
1975
Timofey Borisovich Ushakov
Kokoshkino
Manifestation in support of commemoration of those killed in the Second World War
Moscow
22/06/2020
Article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
02/09/2020
Art. 5 (1) - unlawful escorting and detention on 22/06/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
13243/21
01/03/2021
Ivan Valeryevich PEROV
1974
Timofey Borisovich Ushakov
Kokoshkino
Manifestation in support of commemoration of those killed in the Second World War
Moscow, Red square
22/06/2020
Article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
28/10/2020
Art. 5 (1) - unlawful escorting and detention on 22/06/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
13248/21
01/03/2021
Aleksandr Aleksandrovich REYN
1997
Timofey Borisovich Ushakov
Kokoshkino
Manifestation in support of commemoration of those killed in the Second World War
Moscow
22/06/2020
Article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
22/09/2020
Art. 5 (1) - unlawful escorting and detention on 22/06/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based
13251/21
01/03/2021
Natalya Aleksandrovna SALAVATOVA
1973
Timofey Borisovich Ushakov
Kokoshkino
Manifestation in support of commemoration of those killed in the Second World War
Moscow
22/06/2020
Article 20.2 § 5 of CAO
administrative fine of RUB 20,000
Moscow City Court
26/10/2020
Art. 5 (1) - unlawful escorting and detention on 22/06/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based
13453/21*
14/02/2021
Ivan Sergeyevich KHAREBIN
1988
Irina Aleksandrovna Yatsenko
Moscow
Manifestation for fair elections to Mosgorduma
Moscow
14/07/2019
Article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
14/08/2020
Art. 5 (1) - unlawful escorting and detention on 14/07/2019, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based
13737/21
11/02/2021
Pavel Igorevich KHOKHLOV
1990
Vladimir Valeryevich Vasin
Krasnoyarsk
Manifestation "Russia without Putin"
Krasnoyarsk
15/08/2020
Article 20.2 § 2 of CAO
administrative detention of 8 days
Krasnoyarsk Regional Court
21/08/2020
Art. 5 (1) - unlawful escorting and detention on 15/08/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 14/08/2020 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others, §§ 179-91; Martynyuk, §§ 38-42, both cited above)
13791/21*
24/02/2021
Konstantin Vyacheslavovich LARIONOV
1996
Manifestation in support to Navalnyy
Kaluga
23/01/2021
Article 20.2.2 § 1 of CAO
administrative detention of 11 days
Kaluga Regional Court
29/01/2021
Art. 10 (1) - disproportionate measures against solo demonstrators - solo picketing in Kaluga, 21/08/2021, support of the Communist party in Parliamentary elections of 19/09/2021 (see Novikova and Others, cited above)
15042/21
24/02/2021
Sergey Nikolayevich FEDOROV
1982
Memorial Human Rights Centre
Moscow
Manifestation against the constitutional amendments
Moscow
15/07/2020
Article 20.2 § 6.1 of CAO
administrative fine of RUB 15,000
Moscow City Court
12/10/2020
Art. 5 (1) - unlawful escorting and detention on 15/07/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based
49887/21*
22/09/2021
Dmitriy Sergeyevich CHEBANOV
1977
Anna Yevgenyevna Bochilo
Barnaul
Manifestation in support of Navalnyy
Moscow
23/01/2021
Article 20.2 § 5 of CAO
administrative fine of RUB 20,000
Moscow City Court
17/05/2021
Art. 5 (1) - unlawful escorting and detention on 23/01/2021, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva, §§ 34-35; Ryabinina and Others, § 35, Butkevich, §§ 63-64; Tsvetkova and Others, §§ 121-22, all cited above)
Art. 5 (3) - excessive length of pre-trial detention - Basmannyy District Court of Moscow (appeal Moscow City Court) from 16/09/2021 to date; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; collective detention orders; fragility of the reasons employed by the courts
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of the detention order by Basmannyy District Court of Moscow of 09/11/2021; appeal introduced on 12/11/2021; reviewed by Moscow City Court on 14/12/2021. The review took 35 days in total, where the applicant may be held responsible for 3 days. Detention order by Basmannyy District Court of Moscow of 10/02/2022; appeal introduced on 13/02/2022; reviewed by Moscow City Court on 30/03/2022. The review took 48 days in total, where the applicant may be held responsible for 3 days
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin, cited above, §§ 69-84)
Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based