Published on 5 February 2024
SECOND SECTION
Application no. 41895/22
Yevgeniy Yuryevich ANASHKIN against Russia
and 12 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 11 January 2024, 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
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
41895/22
05/08/2022
Yevgeniy Yuryevich ANASHKIN
1992
Nikifor Yuryevich Ivanov
St Petersburg
Anti-war protest
St Petersburg
24/02/2022
article 20.2.2. § 1 of CAO
detention for 5 days
St Petersburg City Court
05/04/2022
Art. 5 (1) - unlawful detention - arrest and detention from 8.55 p.m. on 24/02/2022 p.m. to the evening of 25/02/2022, until court hearing, in excess of 3 hours, for the sole purpose of drawing up a record of administrative offence, 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 City Court, 05/04/2022,
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,
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
41903/22
05/08/2022
Andrey Aleksandrovich MARKUNAS
1996
Nikifor Yuryevich Ivanov
St Petersburg
Anti-war protest
St Petersburg
02/03/2022
article 20.2 § 6.1 of CAO
detention for 10 days
St Petersburg City Court
07/04/2022
Art. 5 (1) - unlawful detention - arrest and detention from 7.40 p.m. on 02/03/2022 p.m. to 03/02/2022, until court hearing, in excess of 3 hours, for the sole purpose of drawing up a record of administrative offence, 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 City Court, 07/04/2022,
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
43467/22
26/08/2022
Nataliya Sergeyevna LEKO
2000
Ilya Valeryevich Tkachenko
Kogalym
Anti-war protest
St Petersburg
24/02/2022
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
28/04/2022
Art. 5 (1) - unlawful detention - arrest and detention from 11.33 p.m. on 24/02/2022 to 3.55 p.m. on 25/02/2022, in excess of 3 hours, for the sole purpose of drawing up a record of administrative offence, 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 City Court, 28/04/2022,
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.
46757/22
14/09/2022
Andrey Viktorovich KONONOV
1998
Yekaterina Viktorovna Gerasimova
St Petersburg
Anti-war protest
St Petersburg
27/02/2022
article 20.2 § 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
31/05/2022
Art. 5 (1) - unlawful detention - arrest and detention from 9.30 p.m. on 27/02/2022 to 3.29 a.m. on 28/02/2022, in excess of 3 hours, for the sole purpose of drawing up a record of administrative offence, 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 City Court, 31/05/2022,
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
46758/22
14/09/2022
Nikolay Andreyevich MOZGOVYKH
1998
Yekaterina Viktorovna Gerasimova
St Petersburg
Anti-war protest
St Petersburg
27/02/2022
article 20.2 § 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
31/05/2022
Art. 5 (1) - unlawful detention - arrest and detention from 9.30 p.m. on 27/02/2022 p.m. to 5.43 a.m. on 28/02/2022 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, 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 City Court, 31/05/2022,
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
46759/22
14/09/2022
Zlata Petrovna YEGOROVA
2002
Yekaterina Viktorovna Gerasimova
St Petersburg
Anti-war protest
St Petersburg
27/02/2022
article 20.2 § 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
31/05/2022
Art. 5 (1) - unlawful detention - arrest and detention from 9.30 p.m. on 27/02/2022 to 8.40 a.m. on 28/02/2022, in excess of 3 hours, for the sole purpose of drawing up a record of administrative offence, 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 City Court, 31/05/2022,
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
46854/22
16/09/2022
Yekaterina Andreyevna MIKHAYLENKO
1990
Daniil Aleksandrovich Semenov
St Petersburg
Anti-war protest
St Petersburg
24/02/2022
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
17/05/2022
Art. 5 (1) - unlawful detention - arrest and detention from 7.55 p.m. on 24/02/2022 to 12 p.m. on 25/02/2022, until court hearing, in excess of 3 hours, for the sole purpose of drawing up a record of administrative offence, 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 City Court, 17/05/2022,
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
46957/22*
16/09/2022
Yelizaveta Sergeyevna USTINOVA
1996
Yuliya Mikhaylovna Tregubova
Balashikha
Anti-war protest
Moscow
25/02/2022
article 20.2 § 5 of CAO
fine of RUB 12,000
Moscow City Court
03/08/2022
Art. 5 (1) - unlawful detention - arrest and detention from 8.50 p.m. on 25/02/2022 to 3.30 a.m. on 26/02/2022, in excess of 3 hours, for the sole purpose of drawing up a record of administrative offence, 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, 03/08/2022,
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
46960/22*
16/09/2022
Varvara Dmitriyevna MAKAROVA
2003
Yuliya Mikhaylovna Tregubova
Balashikha
Anti-war protest
Moscow
25/02/2022
article 20.2 § 5 of CAO
fine of RUB 12,000
Moscow City Court
21/06/2022
Art. 5 (1) - unlawful detention - arrest and detention from 10 p.m. on 25/02/2022 to 6.50 a.m. on 26/02/2022, in excess of 3 hours, for the sole purpose of drawing up a record of administrative offence, 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, 21/06/2022,
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
46963/22*
16/09/2022
Nika Maksimovna BOBINA
2001
Yuliya Mikhaylovna Tregubova
Balashikha
Anti-war protest
Moscow
25/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
15/07/2022
Art. 5 (1) - unlawful detention - arrest and detention from 10 p.m. on 25/02/2022 to 5.30 a.m. on 26/02/2022, in excess of 3 hours, for the sole purpose of drawing up a record of administrative offence, 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, 15/07/2022,
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
46966/22*
16/09/2022
Polina Ivanovna ANTIPOVA
1997
Yuliya Mikhaylovna Tregubova
Balashikha
Anti-war protest
Moscow
25/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
23/06/2022
Art. 5 (1) - unlawful detention - arrest and detention on from 8.50 p.m. on 25/02/2022 to 3.05 a.m. on 26/02/2022, in excess of 3 hours, for the sole purpose of drawing up a record of administrative offence, 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, 23/06/2022,
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
46967/22*
16/09/2022
Mikhail Aleksandrovich ROSSIUS
1973
Yuliya Mikhaylovna Tregubova
Balashikha
Anti-war protest
Moscow
26/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
25/07/2022
Art. 5 (1) - unlawful detention - arrest and detention from 5.33 p.m. on 26/02/2022 to 12 a.m. on 27/02/2022, in excess of 3 hours, for the sole purpose of drawing up a record of administrative offence, 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, 25/07/2022,
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
47138/22
15/09/2022
Olga Alekseyevna LYUBOVTSEVA
2000
Sergey Sergeyevich Kulikov
Nizhniy Novgorod
Anti-war protest
Nizhniy Novgorod
06/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
18/05/2022
Art. 5 (1) - unlawful detention - arrest and detention from 4 p.m. on 06/02/2022 to 2.30 p.m. on 07/02/2022, until court hearing, in excess of 3 hours, for the sole purpose of drawing up a record of administrative offence, 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, 18/05/2022,
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 and adduce evidence