Published on 11 March 2024
THIRD SECTION
Application no. 17472/18
Yevgeniy Aleksandrovich ARSHINOV against Russia
and 20 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 15 February 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
17472/18*
04/04/2018
Yevgeniy Aleksandrovich ARSHINOV
1987
Memorial Human Rights Centre
Moscow
Protest rally
Moscow
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
08/11/2017
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 26-27/03/2017,
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 the trial the police officers on whose written statements the applicant’s conviction was based.
19878/18*
17/04/2018
Lyudmila Mikhaylovna TYULENKO
1954
Oleg Aleksandrovich Yelanchik
Moscow
"Readings of the Constitution"
Moscow
(Red Square)
12/05/2017
Article 20.2 § 5 of CAO
fine of RUB 5,000
Moscow City Court
16/10/2017
(served on the applicant on a later date)
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 the trial the police officers on whose written statements the applicant’s conviction was based.
19909/18
15/04/2018
Ruslan Indrisovich GVASHEV
1950
Marina Alekseyevna Dubrovina
Novorossiysk
Public prayer near the Tulip Tree on the Circassian Day of Mourning
Golovinka (Sochi)
21/05/2017
Article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnodar Regional Court
16/10/2017
24708/18
15/05/2018
Aleksey Andreyevich VOLKOV
1988
Viktor Viktorovich Vorobyev
Syktyvkar
Anti-corruption manifestation
Metallurgov square, Volgograd
10/11/2017
Article 20.2 § 8 of the CAO
detention for 2 days
Volgograd Regional Court
15/11/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
29489/18*
13/06/2018
Yelena Valentinovna GUSEVA
1970
Rally “Free Navalnyy”
Berezniki
21/04/2021
Rally “Free Navalnyy”
Perm
23/01/2021
Article 20.2 § 8 of CAO
Article 20.2 § 5 of CAO
40 hours of community work
fine of RUB 10,000
Perm Regional Court
17/06/2021
Perm Regional Court
16/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - three sets of administrative 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 the trial police officers on whose written statements the conviction was based (proceedings ended on 16/04/2021 and on 17/06/2021),
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.25 p.m. on 22/04/2021 until the hearing in the first-instance court on the same date,
Art. 10 (1) - conviction for displaying slogans/banners/other symbols by participants in public events - disproportionate interference with her freedom of expression on account of her conviction under Art. 20.2 § 5 CAO for two solo pickets in support of A. Navalnyy in Berezniki on 07/10/2017, penalty of 20 hours of community works, final decision by the Perm Regional Court on 13/12/2017
30639/18*
11/06/2018
Tatyana Igorevna BARYSHEVA
1990
Andzhelika Viktorovna Chernyavskaya
Oktyabrskiy
Rally in support of the Telegram messenger
Moscow (Bolshaya Lubyanka, near FSB headquarters)
16/04/2018
Article 20.2.2. § 1 of CAO
fine of RUB 20,000
Moscow City Court
16/05/2018
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station between 16/04/2018 06.30 p.m. and 17/04/2018 10.00 a.m.,
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 the trial the police officers on whose written statements the applicant’s conviction was based.
4398/19*
02/01/2019
Sergey Eduardovich KOMANDIROV
1995
Ivan Yuryevich Zhdanov
Vilnius
Demonstration for fair elections
Smolensk
15/03/2018
Article 20.2 § 2 of CAO
20 hours of community works
Smolensk Regional Court
11/07/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4583/19
30/11/2018
Aleksandr Stanislavovich VINOGRADOV
1972
Varvara Dmitriyevna Mikhaylova
St Petersburg
Anti-corruption meeting
St Petersburg
05/05/2018
Article 20.2 § 5 of CAO
Art. 19.3 § 1 of CAO
fine of RUB 15,000
and
3 days’ detention
St Petersburg City Court
31/05/2018 (both decisions issued on the same day)
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station on 05-06/05/2018,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 the trial the police officers on whose written statements the applicant’s conviction was based,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).
9005/19
19/01/2019
Olga Yuryevna TEODOROVICH
1989
Aleksandr Dmitriyevich Peredruk
St Petersburg
Rally against the pension reform
St Petersburg
09/09/2018
Article 20.2 § 6.1 of CAO
detention for 10 days
St Petersburg City Court
20/09/2018
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest, escorting to and detention at the police station between 09/09/2018 09.08 p.m. and 10/09/2018 05.30 p.m.,
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. 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.
10052/19*
08/02/2019
Guzel Failovna KHALILOVA
1983
Elza Rinatovna Nisanbekova
Kazan
Rally against construction of a waste incineration plant
Kazan
25/03/2018
Article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Republic of Tatarstan
08/08/2018
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 the trial the police officers on whose written statements the applicant’s conviction was based.
19621/19*
02/04/2019
Igor Vasilyevich PETROV
1997
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally against retirement age hike
Kaliningrad
09/09/2018
article 20.2 § 8 of CAO
fine of RUB 150,000
Kaliningrad Regional Court
22/11/2018
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 the trial the police officers on whose written statements the applicant’s conviction was based.
22614/19*
03/04/2019
Sergey Sergeyevich BOYKO
1974
Rally against retirement age hike
Moscow
29/07/2018
Rally to support I. Azar
Moscow
29/05/2020
article 20.2 § 1 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
fine of RUB 150,000
Moscow City Court
04/10/2018
Moscow City Court
04/12/2020
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report (1) from 4.45 p.m. until 7.45 p.m. on 29/07/2018; (2) from 10.45 a.m. until 2.30 p.m. on 03/09/2019; (3) from 4.55 p.m. until the evening on 29/05/2020,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings - in all sets of 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 the trial the police officers on whose written statements the conviction was based, in the proceedings under Article 20.2 § 2 and Article 20.2 § 8 of the CAO,
Art. 10 (1) - conviction for making calls to participate in public events - protest against breach of electoral rights on 31/08/2019 in Moscow, Article 20.2 § 2 of CAO, detention for 10 days, final decision Moscow City Court 06/09/2019,
Art. 10 (1) - disproportionate measures against solo demonstrators - rally to support I. Azar - the applicant claimed that he staged a solo demonstration which was part of a series held by "rotation". On 29/05/2020 the applicant participated in a series of solo demonstrations held on a rotation basis by no less than 25 participants characterised as an ordinary "group picket" post facto
59268/19*
08/11/2019
Barakh Akhmetovich CHEMURZIYEV
1969
Protest against change of borders between Ingushetia and Chechnya
Magas
04/10/2018
Protest against change of borders between Ingushetia and Chechnya
Magas
27/03/2019
Article 20.2 § 2 of CAO
Article 20.2 § 2 of CAO
fine of RUB 30,000
detention for 10 days
Supreme Court of Ingushetia Republic
28/08/2019
Supreme Court of Ingushetia Republic
12/04/2020
Art. 5 (3) - lack of relevant and sufficient reasons for detention - 14/04/2019 - pending on the date when the application was lodged, Nalchik Town Court, Supreme Court of the Kabardino-Balkaria Republic (final 08/05/2019),
approx. 7 months, charges Art. 318 (use of violence against a public official) and 212 (participation in acts of mass disorder accompanied by violence) of the Criminal Code,
fragility of the reasons employed by the courts; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; fragility and repetitiveness of the reasoning employed by the courts as the case progressed (see Dirdizov v. Russia, no. 41461/10, 27 November 2012),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - first set of proceedings.
26798/21*
24/04/2021
Matvey Andreyevich GOLOVANOV
1998
Andrey Yevgenyevcich Shchukin
Nizhniy Tagil
Rally “Free Navalnyy”
Ekaterinburg
31/01/2021
Article 20.2 § 5 of CAO
30 hours of community works
Sverdlovsk Regional Court
07/04/2021
Art. 5 (1) - unlawful detention - arrest and detention at a police station on 31/01/2021 between 02.50 p.m. and 07.00 p.m.,
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.
34321/21*
25/06/2021
Mikhail Yuryevich CHIMAROV
2000
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Rally "Free Navalnyy"
Velikiy Novgorod
23/01/2021
Article 20.2 § 5 of CAO
fine of RUB 10,000
Novgorod Regional Court
26/02/2021
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 the trial police officers on whose written statements the applicant’s conviction was based,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.40 p.m. on 23/01/2021 until 11.30 a.m. on 24/01.2021.
50298/21*
23/09/2021
Nikolay Andreyevich BASHMAKOV
1991
Rally "Free Navalnyy"
Kazan
28/01/2021
Article 20.2 § 2 of CAO
detention for 9 days
Supreme Court of the Tatarstan Republic
21/04/2021
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.
50656/21*
06/10/2021
Ivan Andreyevich YELISEYEV
1992
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Izhevsk
21/04/2021
Article 20.2 § 8 of CAO
detention for 25 days
Supreme Court of the Udmurtia Republic
28/04/2021
Art. 10 (1) - conviction for making calls to participate in public events - calls for participation in rallies to support A. Navalnyy on 23/01/2021 and 31/01/2021 in Izhevsk, Article 20.2 § 2 of CAO, community works for 50 hours and detention for 8 days, final decision Supreme Court of the Udmurtia Republic, 07/04/2021 and 28/04/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - three sets of administrative 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 the trial police officers on whose written statements the conviction was based (proceedings ended on 07/04/2021 and on 28/04/2021).
48547/22*
03/10/2022
Semen Mikhaylovich PECHKO
2000
Natalya Andreyevna Baranova
Moscow
Anti-war protest
Tomsk
06/03/2022
Article 20.3.3 § 1 of CAO
fine of RUB 45,000
Tomsk Regional Court
03/06/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for the purpose of an offence report between 3.30 and 10.00 p.m. on 06/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings
20007/23*
07/09/2021
Polina GRIN-ROMANOVA
2001
Nikolay Sergeyevich Zboroshenko
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
detention for 12 days
Moscow City Court
24/03/2021
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 the trial the police officers on whose written statements the applicant’s conviction was based.
41229/23*
09/11/2023
Aleksandr Ivanovich USHENKO
1949
Darya Dmitriyevna Aksenova
Kolomna
Rally "Free Navalnyy"
Moscow
22/01/2022
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
09/08/2023
Art. 5 (1) - unlawful detention - escorting to the police station on 22/01/2022 for compiling an offence report.
1191/24*
08/12/2023
Nikolay Vladimirovich ZIMIREV
1984
Vladimir Sergeyevich Nemanov
Moscow
Anti-war protest
Moscow
02/03/2022
Article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
11/05/2023
(final judgment published on 10/08/2023)
Art. 5 (1) - unlawful detention - escorting to the police station on 02/03/2022 for compiling an offence report.