Published on 30 October 2023
THIRD SECTION
Application no. 9494/20
Oleg Vladimirovich ARBUZOV against Russia
and 29 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 5 October 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
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
9494/20*
12/02/2020
Oleg Vladimirovich ARBUZOV
1986
Memorial Human Rights Centre
Moscow
Manifestation for free elections to Mosgorduma
Trubnaya Square, Moscow
03/08/2019
article 20.2 § 5 of CAO
20 hours’ compulsory work
Moscow City Court
16/10/2019
Art. 5 (1) - unlawful detention - Arrest and detention on 03/08/2019 from 2.45 p.m. to 9.50 p.m. - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaint was raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
43/23*
26/11/2022
Irina Aleksandrovna SOFONOVA
1997
Kristina Olegovna Tyurina
Nizhniy Novgorod
Manifestation
Nizhniy Novgorod
06/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Nizhniy Novgorod Regional Court
27/07/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019), raised in the administrative proceedings;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
84/23*
29/11/2022
Maret Magomedovna BOCHAYEVA
1996
Natalya Andreyevna Baranova
Moscow
Manifestation against the war in Ukraine
Moscow
28/02/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
05/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The app. complained that she had been unable to cross-examine during the court proceedings the police officers on whose written statements her conviction was based. She duly provided the officers’ names in her motions to domestic courts and explained why it was important to call and examine them;
Art. 5 (1) - unlawful detention - The applicant’s arrest and detention on 28/02/2022 from 8.05 p.m. to 3 a.m. on 01/03/2022 - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised in the administrative proceedings
86/23
19/11/2022
Olga Sergeyevna SERKOVA
1982
Natalya Andreyevna Baranova
Moscow
Manifestation against the war in Ukraine
Moscow
13/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 20,000
Moscow City Court
19/07/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The app. complained that she had been unable to cross-examine during the court proceedings the police officers on whose written statements her conviction was based. She duly provided the officers’ names in her motions to domestic courts and explained why it was important to call and examine them;
Art. 5 (1) - unlawful detention - The applicant was arrested and detained at the police station on 13/03/2022 from 4.30 p.m. to 9.10 p.m. - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019)
Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised in the administrative proceedings
501/23*
27/11/2022
Irina Igorevna ZAMALEYEVA
2001
Rim Faridovich Sabirov
Kazan
Manifestation against the war in Ukraine
Kazan
27/02/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Supreme Court of the Tatarstan Republic
27/07/2022
Art. 5 (1) - unlawful detention - Detention took place between 27/02/2022 and 28/02/2022 (exact time unspecified) - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); raised in the administrative proceedings
519/23*
21/11/2022
Artem Vyacheslavovich YEPIFANTSEV
1993
Manifestation against the war in Ukraine
Nizhniy Novgorod
06/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Nizhniy Novgorod Regional Court
04/08/2022
Art. 5 (1) - unlawful detention - Arrest on 06/03/2022 - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
526/23*
29/11/2022
Semen Igorevich DENISOV
1981
Vladimir Sergeyevich Nemanov
Moscow
Manifestation against the war in Ukraine
Moscow
02/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 18,000
Moscow City Court
29/07/2022
Art. 5 (1) - unlawful detention - Arrest and detention from 8 p.m. on 02/03/2022 to 2 a.m. on 03/03/2022 - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
881/23*
24/11/2022
Oksana Alekseyevna MINOVA
1977
Vladislav Vladimirovich Kosnyrev
Syktyvkar
Manifestation against the war in Ukraine
Moscow
24/02/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
27/07/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 24/02/2022 - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019), raised in the administrative proceedings
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
1217/23*
30/11/2022
Aleksey Valeryevich SHIRSHOV
1980
Valeriya Aleksandrovna Arshinova
Moscow
Manifestation against the war in Ukraine
Moscow
25/02/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
03/08/2022
Art. 5 (1) - unlawful detention - Arrest on 25/02/2022 - applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019), the complaints were raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
1513/23*
10/12/2022
Aleksey Aleksandrovich KALININ
1995
Manifestation against the war in Ukraine
Moscow
24/02/2022
article 20.2 § 5 of CAO
administrative fine of RUB 15,000
Moscow City Court
11/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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 officers on whose written statements the applicant’s conviction was based
1566/23*
24/12/2022
Vladislav Sergeyevich SHIRINKIN
1995
Yelena Valentinovna Makey
Yekaterinburg
Manifestation against the war in Ukraine
Yekaterinburg
02/03/2022
article 20.2 § 5 of CAO
community service of 25 hours
Sverdlovsk Regional Court
24/08/2022
1691/23*
15/12/2022
Natalya Nikolayevna KULIKOVA
1972
Manifestation against the war in Ukraine
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 15,000
Sverdlovsk Regional Court
18/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
Art. 5 (1) - unlawful detention - Arrest and detention from 2.45 p.m. to 9 p.m. on 06/03/2022 - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019), Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised in the administrative proceedings
1702/23*
24/12/2022
Aleksey Mikhaylovich LAPTEV
1984
Nataliya Andreyevna Baranova
Moscow
Manifestation against the war in Ukraine
Puskinskaya Square, Moscow
25/02/2022
article 20.2 § 5 of CAO
administrative fine of RUB 15,000
Moscow City Court
25/08/2022
Art. 5 (1) - unlawful detention - Applicant on 25/02/2022 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
1705/23*
30/11/2022
Ilya Olegovich ROZHNOV
1993
Nikolay Sergeyevich Zboroshenko
Mytishchi
Manifestation against the war in Ukraine
Moscow
24/02/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
17/08/2022
Art. 5 (1) - unlawful detention - Arrest on 24/02/2022 - applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019), the complaints were raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
1707/23*
30/11/2022
Ivan AVRAMCHUK
1989
Nikolay Sergeyevich Zboroshenko
Mytishchi
Manifestation against the war in Ukraine
Moscow
01/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 20,000
Moscow City Court
05/08/2022
Art. 5 (1) - unlawful detention - Applicant on 01/03/2022 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
1757/23*
12/12/2022
Olga Andreyevna STENNIKOVA
1994
Manifestation against the war in Ukraine
Novosibirsk
06/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Novosibirsk Regional Court
08/09/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - from 2.05 p.m. to 11.50 p.m. on 06/03/2022 - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019), Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised on appeal;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant was unable to confront the police officers on whose written statements her conviction was based
1770/23*
22/12/2022
Anna Vladimirovna VYALKINA
1992
Manifestation against the war in Ukraine
Moscow
01/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 20,000
Moscow City Court
25/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
1777/23*
28/11/2022
Nikolay Yuryevich KHRUST
1982
Manifestation against the war in Ukraine
Moscow
13/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 15,000
Moscow City Court
29/07/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - Arrest and detention on 13/03/2022 - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019), raised on appeal,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant was unable to confront the police officers on whose written statements his conviction was based
1895/23*
05/12/2022
Anton Yuryevich VAKHRANEV
1992
Two-person picket against the war in Ukraine
Moscow
03/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
29/08/2022
Art. 5 (1) - unlawful detention - Detention took place between 6.20 p.m. and 8.30 p.m. on 03/03/2022 -
Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
1997/23*
09/12/2022
Aleksey Mikhaylovich SHEMYAKIN
1992
Manifestation against the war in Ukraine
Moscow
24/02/2022
article 20.2 § 5 of CAO
administrative fine of RUB 20,000
Moscow City Court
09/08/2022
Art. 5 (1) - unlawful detention - Arrest and detention from 8.47 p.m. on 24/02/2022 to 0.35 a.m. on 25/02/2022 - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019);
(raised on appeal in the administrative proceedings);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
2091/23
03/12/2022
Aleksandra Vladimirovna LEZINA
1982
Konstantin Mikhaylovich Zinovyev
Nizhniy Novgorod
Manifestation against the war in Ukraine
Nizhniy Novgorod
01/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Nizhniy Novgorod Regional Court
04/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - Arrest on 28/03/2021 - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019) (raised in the administrative proceedings)
2098/23*
25/11/2022
Svetlana Antonovna SOLOVYEVA
1999
Manifestation against the war in Ukraine
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 15,000
Sverdlovsk Regional Court
28/07/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
2108/23*
17/12/2022
Darya Sergeyevna PROSUNTSOVA
1994
Manifestation against the war in Ukraine
Moscow
02/05/2022
article 20.2 § 5 of CAO
administrative fine of RUB 15,000
Moscow City Court
17/08/2022
Art. 5 (1) - unlawful detention - arrest and detention on 02/05/2022 - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
2630/23*
20/12/2022
Aleksey Valeriyevich KONIN
1965
Manifestation against the war in Ukraine
Pushkinskaya Square, Moscow
25/02/2022
article 20.2 § 5 of CAO
administrative fine of RUB 15,000
Moscow City Court
23/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - Arrest and detention at the police station form 7.15 p.m. on 25/02/2022 to 2.30 a.m. on 26/02/2022 - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018) (the complaints raised in the administrative proceedings)
3818/23*
07/12/2022
Anna Sergeyevna MALITSKAYA
1988
Manifestation against the war in Ukraine
Manezhnaya Square, Moscow
02/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
09/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - Arrest on 02/03/2022 - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019) (raised in the administrative proceedings),
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant complained that she had been unable to cross-examine the police officers on whose written statements her conviction was based
4236/23*
09/12/2022
Danil Rashidovich SADYKOV
1998
Manifestation against the war in Ukraine
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 12,000
Sverdlovsk Regional Court
10/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - arrest and detention on 06/03/2022 - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint raised in the administrative proceedings
4475/23*
08/01/2023
Tatyana Semenovna DRABKINA
1960
Manifestation
Moscow
02/04/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
09/09/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 02/04/2022 from 2.30 p.m. to 11.30 p.m. - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4918/23
13/01/2023
Alina Nailyevna LATYPOVA
1988
Rim Faridovich Sabirov
Kazan
Manifestation against the war in Ukraine
Kazan
23/03/2022
article 20.3.3 of CAO
administrative fine of RUB 30,000
Supreme Court of the Republic of Tatarstan
14/09/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted for participation in the manifestation of 23/03/2022 twice. First: Supreme Court of the Republic of Tatarstan, 18/05/2022; Art. 20.2. para 1 of the CAO; administrative fine of RUB 10,000.
Second: First: Supreme Court of the Republic of Tatarstan, 14/09/2022; Art. 20.3.3 of the CAO; administrative fine of RUB 30,000.
5339/23*
28/12/2022
Nataliya Aleksandrovna TIKHONOVA
1992
Manifestation against the war in Ukraine
Moscow
02/04/2022
article 20.2 § 5 of CAO
administrative fine of RUB 16,000
Moscow City Court
01/09/2022
Art. 5 (1) - unlawful detention - Detention took place between 3 p.m. and 7.30 p.m. on 02/04/2022 - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019),
Detention on 22/06/2022 from 9.10 a.m. to 6 p.m. - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); (both complaints were raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5981/23*
12/01/2023
Oksana Alekseyevna MALININA
1993
Manifestation against the war in Ukraine
Moscow
13/03/2022
article 20.2 § 5 of CAO
administrative fine RUB 15,000
Moscow City Court
13/09/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - Arrest and detention from 2.07 p.m. to 10.50 p.m. on 13/03/2022 - Applicant 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, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019), Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); raised on appeal,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant was unable to confront the police officers on whose statements her conviction was based
Full & Egal Universal Law Academy