Published on 8 January 2024
FIRST SECTION
Application no. 22474/21
Narek Gagikovich AGABEKYAN against Russia
and 17 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 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 11 of the Convention relating to 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/registration
Representative’s name and location
Name of the public event
Location
Date
Administrative / criminal offence
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
22474/21*
05/04/2021
Narek
Gagikovich AGABEKYAN
1995
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally “Free Navalnyy”
Tomsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Tomsk Regional Court
11/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in vie w of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Tomsk Regional Court, 11/03/2021,
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 the trial the police officers on whose written statements the applicant’s conviction was based
22582/21*
02/04/2021
Pavel
Dmitriyevich BAGDALOV
1998
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally “Free Navalnyy”
Tomsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Tomsk Regional Court
05/03/2021
Art. 5 (1) - unlawful detention - detention from 1 p.m. to 2 p.m. on 31/01/2021 for drawing up an administrative offence record; 3 hours later the applicant was convoked to the police station, where he was detained from 6.00 p.m. to 11.30 p.m. waiting for the court hearing, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Tomsk Regional Court, 05/03/2021,
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 the trial the police officers on whose written statements the applicant’s conviction was based
45286/21*
23/08/2021
Olga
Vadimovna VASILYEVA
1950
Andrey Vasilyevich Sabinin
Stavropol
Rally “Free Navalnyy”
Pyatigorsk
31/01/2021
article 20.2.2. § 1 of CAO
detention for 1 day
Stavropol Regional Court
24/03/2021
Art. 5 (1) - unlawful detention - arrest and detention from 1 p.m. on 31/01/2021 to 2 p.m. on 01/02/2021 until the court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Stavropol Regional Court, 24/03/2021
46104/21*
10/09/2021
Nikita Aleksandrovich BAZHIN
1993
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
22/03/2021
Art. 5 (1) - unlawful detention - arrest and detention on 23/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 22/03/2021,
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 the trial the police officers on whose written statements the applicant’s conviction was based
46129/21*
31/08/2021
Andrey Sergeyevich STARIKOV
1998
Anna Yevgenyevna Bochilo
Barnaul
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
04/03/2021
Art. 5 (1) - unlawful detention - arrest and detention from 5.20 p.m. on 31/01/2021 to 11.30 a.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 04/03/2021,
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 the trial the police officers 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
1276/22*
24/12/2021
Roman Sergeyevich PROKHOROV
1993
Mansur Idrisovich Gilmanov
Podolsk
Rally “Freedom to the political prisoners”
Moscow
04/11/2020
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
27/09/2021
Art. 5 (1) - unlawful detention - arrest and detention from 2.10 p.m. to 8.45 p.m. on 04/11/2020 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 27/09/2021,
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 the trial the police officers on whose written statements the applicant’s conviction was based
3042/22*
14/12/2021
Fedor Anatolyevich KOMAROV
1999
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
21/06/2021
Art. 5 (1) - unlawful detention - arrest and detention on 23/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 21/06/2021,
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 the trial the police officers on whose written statements the applicant’s conviction was based
11599/22*
17/02/2022
Olga
Anatolyevna NAZARENKO
1975
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Ivanovo
21/04/2021
article 20.2 § 8 of CAO
100 hours of community work
Ivanovo Regional Court
18/08/2021
Art. 5 (1) - unlawful detention - arrest and detention from 7.05 p.m. on 21/04/2021 to 1.10 a.m. on 22/04/2022 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Ivanovo Regional Court, 18/08/2021,
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 the trial the police officers on whose written statements the applicant’s conviction was based
12079/22
09/02/2022
Vitaliy Dmitriyevich PETRUKHIN
1989
Mikhail Mikhaylovich Benyash
Sochi
Rally “Free Navalnyy”
Krasnodar
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnodar Regional Court
09/12/2021
13220/22*
18/02/2022
Tatyana Vasilyevna KUDRYASHOVA
1992
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Rally “Free Navalnyy”
Nizhniy Novgorod
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
18/08/2021
Art. 5 (1) - unlawful detention - arrest and detention from 4 p.m. to 11 p.m. on 23/01/2022 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Nizhniy Novgorod Regional Court, 18/08/2021
24067/22
09/02/2022
Andrey
Pavlovich PETRUKHIN
2002
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
21/04/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
17/08/2021
Art. 5 (1) - unlawful detention - detention at the police station on 30/04/2021 for 5 hours for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 17/08/2021,
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 the trial the police officers on whose written statements the applicant’s conviction was based,
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - Use of facial recognition technology for the identification of the applicant as a participant of a rally and his subsequent conviction, raised on appeal
24713/22*
06/08/2021
Andrey Viktorovich KOROVYANSKIY
1988
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Moscow City Court
08/02/2021
Art. 5 (1) - unlawful detention - arrest and detention from 12.10 p.m. on 31/01/2021 to 1.40 p.m. on 01/02/2021 until the court hearing, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 08/02/2021,
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 the trial the police officers 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
31689/22
13/06/2022
Yekaterina Aleksandrovna SHAKUN
1996
Anna Yevgenyevna Bochilo
Barnaul
Anti-war protest
Rostov-on-Don
06/03/2022
article 19.3 § 1 of CAO
detention for 15 days
Rostov Regional Court
19/03/2022
Art. 5 (1) - unlawful detention - arrest and detention from 6 p.m. on 06/03/2022 to 11 a.m. on 07/03/2022 until the court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Rostov Regional Court, 19/03/2022,
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 the trial the police officers 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
33769/22
22/06/2022
Roman
Igorevich ZHUKOV
1985
Anna Yevgenyevna Bochilo
Barnaul
Anti-war protest
Ufa
06/03/2022
article 19.3 § 1 of CAO
detention for 24 hours
Supreme Court of the Bashkortostan Republic
11/04/2022
Art. 5 (1) - unlawful detention - arrest and detention from 4.10 p.m. on 06/03/2022 to 2 p.m. on 07/03/2022 until the court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Supreme Court of the Bashkortostan Republic, 11/04/2022,
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 the trial the police officers on whose written statements the applicant’s conviction was based
40255/22
30/07/2022
Marat
Kadirovich KHUSAINOV
1978
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Anti-war protest
Nizhniy Novgorod
24/02/2022
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Nizhniy Novgorod Regional Court
13/05/2022
Art. 5 (1) - unlawful detention - arrest and detention from 7.40 p.m. on 24/02/2022 to 7.20 p.m. on 25/02/2022 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Nizhniy Novgorod Regional Court, 13/05/2022
41557/22*
12/08/2022
Valentina Aleksandrovna SAFONOVA
1994
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
25/02/2022
article 20.2 § 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful detention - arrest and detention from 9.30 p.m. on 25/02/2022 to 3.45 p.m. on 26/02/2022 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg Regional Court, 12/04/2022,
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 the trial the police officers on whose written statements the applicant’s conviction was based
47578/22*
06/09/2022
Larisa Timofeyevna SHVYNDINA
1959
Anti-war protest
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
15/06/2022
Art. 5 (1) - unlawful detention - arrest and detention from 7.30 p.m. on 24/02/2022 to 1.30 a.m. on 25/02/2022 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 15/06/2022,
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 the trial the police officers on whose written statements the applicant’s conviction was based
52091/22
07/10/2022
Mikhail
NAYDEN
1982
Nataliya Andreyevna Baranova
Moscow
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
09/06/2022
Art. 5 (1) - unlawful detention - arrest and detention from 2.11 p.m. on 06/03/2022 to 1 a.m. on 07/03/2022 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 09/06/2022,
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 the trial the police officers on whose written statements the applicant’s conviction was based
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