Published on 24 April 2023
SECOND SECTION
Application no. 75530/17
Ruslan Yakubovich ABLYAKIMOV against Russia
and 9 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 30 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 complaints raised under Article 6 § 1 of the Convention relating to lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings which are the subject of well-established case law of the Court (see Karelin v. Russia, no. 926/08, 20 September 2016).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 6 § 1 of the Convention
(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Penalty
Date of final domestic decision
Name of court
Other complaints under well‑established case-law
75530/17*
19/10/2017
Ruslan Yakubovich ABLYAKIMOV
1990
Konstantin Ilyich Terekhov
Moscow
administrative detention of 7 days
20/04/2017, Moscow City Court
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of appeal against sentence of detention (Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019)
83056/17*
07/12/2017
Yelena Yevgenyevna CHERNETSKAYA
1974
Ilyas Salimovich Vakhitov
Vniissok
administrative fine of RUB 10,000
14/06/2017,
Moscow City Court
44769/18
11/09/2018
Andrey Viktorovich OREL
1977
Konstantin Ilyich Terekhov
Moscow
administrative detention of 15 days
14/03/2018, Moscow City Court
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of appeal against sentence of detention (Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019)
44847/18*
08/09/2018
Oleg Yuryevich MAZIN
1969
Aleksey Borisovich Vologin
Volsk
suspension of driving licence for 1 year and
7 months, administrative fine of RUB 30,000
06/09/2018, Volskiy District Court of the Saratov Region
45836/18*
19/09/2018
Anzhela Valeryevna DYATLOVA
1980
administrative fine of RUB 30,000,
suspension of driving licence for 1 year and
6 months
22/03/2018, Orenburgskiy District Court of the Orenburg Region
49737/18*
13/10/2018
Dmitriy Vladimirovich ISAYEV
1979
Aleksey Borisovich Vologin
Volsk
administrative fine of RUB 30,000,
suspension of driving licence for 1 year and
8 months
25/09/2018, Privolzhskiy Circuit Military Court
57712/18*
12/11/2018
Vasiliy Alekseyevich ZRYUYEV
1997
Ivan Yuryevich Zhdanov
Vilnius
administrative fine of RUB 10,000
14/06/2018, Voronezh Regional Court
56128/22*
19/11/2022
Olga Viktorovna ANDREYEVA
1979
administrative fine of RUB 10,000
19/07/2022, Moscow City Court
Art. 6 (1) and (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
325/23
02/12/2022
Rim Faridovich GUBAYEV
1993
Oleg Vladimirovich Filatchev
Moscow
administrative fine of RUB 20,000
03/08/2022, Moscow City Court
Art. 5 (1) - unlawful detention – from 27/02/2022, 7.40 p.m. to 28/02/2022, 01.00 a.m., the applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, §§ 34-35, 8 October 2019, Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the applicant was detained beyond the three-hour statutory period and without any “exceptional circumstances” under Art. 27.3 § 1 CAO (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018, Butkevich v. Russia, no. 5865/07, §§ 63‑64, 13 February 2018)
906/23*
01/11/2022
Konstantin Vladimirovich SIDELNIKOV
2000
Arkadiy Vitalyevich Shindyapin
Moscow
administrative fine of RUB 20,000
15/08/2022, Moscow City Court
Art. 6 (1) and (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