Published on 5 February 2024
FIRST SECTION
Application no. 49839/17
Sergey Leonidovich AYNBINDER against Russia
and 19 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 10 § 1 of the Convention relating to disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016 and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 10 § 1 of the Convention
(disproportionate measures against solo demonstrators)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Location
Date
Purpose of the demonstration
Administrative charges
Penalty
Final domestic decision
Date
Name of the court
Other relevant information
Other complaints under well-established case-law
49839/17*
03/07/2017
Sergey Leonidovich AYNBINDER
1973
Nikolay Sergeyevich Zboroshenko
Mytishchi
Moscow,
parking lot of the MEGA Khimki Mall,
11/11/2016, Protest against the toll collection system ‘PLATON’
article 19.3 § 1 of CAO,
fine of RUB 1,000
13/01/2017, Moscow City Court
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 11/11/2016 and 13/11/2016 as an administrative suspect, pending trial and after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
1600/18
26/12/2017
Olga Arkadyevna KARAMYSHEVA
1958
Memorial Human Rights Centre
Moscow
Moscow, 26/03/2017, Taking pictures of the applicant’s son’s solo demonstration against construction fraud
article 20.2 § 5 of CAO,
fine of RUB 10,000
28/07/2017, Moscow City Court
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 26/03/2017 for the sole purpose of drawing up an offence record,
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 conviction was based,
Art. 6 (1) - unfair trial in administrative offence proceedings - refusal to adduce photo evidence submitted by the defence
1605/18
26/12/2017
Ivan Sergeyevich KARAMYSHEV
1986
Memorial Human Rights Centre
Moscow
Moscow, 26/03/2017,
Protest of a defrauded shareholder against housing construction fraud
article 20.2 § 5 of CAO,
fine of RUB 10,000
26/06/2017, Moscow City Court
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 26/03/2017 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceeding,
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 conviction was based,
Art. 6 (1) - unfair trial in the administrative offence proceedings - refusal to admit photo evidence submitted by the defence
5629/18*
20/11/2017
Yan Nikolayevich KATELEVSKIY
1981
Yevgeniy Nikolayevich Kurakin
Reutov
Moscow, 09/08/2016,
Protest against unlawful actions of a local judge and the police
article 20.2 § 5 of CAO,
fine of RUB 15,000
22/05/2017, Moscow City Court
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
25651/19*
30/04/2019
Dmitriy Aleksandrovich YEGOROV
1995
Elza Rinatovna Nisanbekova
Kazan
(i) Kazan, 25/10/2018,
Picket against attack on political and economic liberties in Russia,
(ii) Kazan, 12/12/2018,
Protest against the
authorities’ failure to respect the Constitution
(i), article 20.2 § 2 of CAO, administrative detention of 7 days,
(ii), article 20.2 § 8 of CAO, administrative detention of 12 days
(i) 31/10/2018, Supreme Court of the Tatarstan Republic
(ii) 29/12/2018, Supreme Court of the Tatarstan Republic
(ii) conviction on account of using quicky (de)assembled objects during a solo demonstration
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) between 29/10/2018 and 30/10/2018 as administrative suspect, pending trial and after the offence record in respect of the events of 25/10/2018 was compiled, and (ii) between 27/12/2018 and 28/12/2018 as administrative suspect, pending trial and after the offence record in respect of the events of 12/12/2018 was compiled,
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
31831/21*
16/06/2021
Tatyana Nikolayevna PISAREVICH
1991
Aleksandra Nikolayevna Bayeva
Moscow
Balashikha, 23/01/2021, Support of A. Navalnyy
article 22.2 § 1 of CAO, administrative fine of RUB 10,000
Moscow Regional Court, 23/03/2021
conviction for a breach of the regional COVID-related ban on public events
Art. 5 (1) - unlawful detention - escorting to and detention in the police station on 23/01/2021 for the sole purpose of compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
41315/21*
02/08/2021
Darya Sergeyevna BOLSHAKOVA
1989
Anna Yevgenyevna Bochilo
Barnaul
Kaliningrad, 10/10/2020, Political protest
article 20.2 § 8 of CAO,
fine of RUB 150,000
23/03/2021, Kaliningrad Regional Court
52256/21
01/10/2021
Nina Lvovna VOLOKHONSKAYA
1994
Memorial Human Rights Centre
Moscow
Moscow, in the vicinity of Headquarters of the FSB,
16/07/2020,
Protest against the arbitrariness of the police in relation to the case of ‘Novoye Velichiye’
article 20.2 § 5 of CAO,
fine of RUB 10,000
06/04/2021, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 16/07/2020 for the sole purpose of compiling an offence report,
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, refusal to admit video and photo evidence submitted by the defence,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019)- arrest, conviction under article 20.2 § 5 of CAO for participation in solo demonstrations held on 16/07/2020 by way of rotation by a group of no less than 30 participants, fine of RUB 10,000, final judgment of 06/04/2021, Moscow City Court
52725/21
15/10/2021
Daniil Enverovich ROZOVSKIY
1997
Memorial Human Rights Centre
Moscow
Moscow, 23/01/2021, Support of A. Navalnyy
article 20.2 § 5 of CAO, administrative fine of RUB 20,000
Moscow City Court, 16/04/2021
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 23/01/2021 for the sole purpose of compiling an offence report,
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,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see (see, mutatis mutandis, above-cited Tsukanov and Torchinskiy and Muchnik and Mordovin - arrest, conviction under article 20.2 § 5 of the CAO, fine of RUB 20,000 for participation in a rally in support of A. Navalnyy on 23/01/2021, final judgment of 16/04/2021 by the Moscow City Court
56861/21*
31/10/2021
Aleksey Andreyevich USOLKIN
1961
Nikolay Sergeyevich Zboroshenko
Mytishchi
Moscow, 20/01/2021, Support of A. Navalnyy
article 20.6.1 § 1 of CAO,
fine of RUB 10,000
23/08/2021, Moscow City Court
COVID-related ban on public events
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 20/01/2021,
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 open court the police officers on whose written statements the conviction was based
17991/22*
13/03/2022
Anna Valeryevna KRECHETOVA
1970
Darya Dmitriyevna Aksenova
Kolomna
Moscow, 06/09/2021, Manifestation in support of Crimean Tatars
article 20.2 § 8 of CAO, administrative detention of 16 days
13/09/2021, Moscow City Court
Art. 5 (1) - unlawful detention - arrest, escorting to and detention in the police station between 06/09/2021 and 08/09/2021 as administrative suspect, pending trial, and after the offence record had been compiled,
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 the police officers on whose written statements her conviction was based
22067/22*
15/04/2022
Igor Gennadyevich TATAROV
1990
Moscow, 28/06/2021,
Protest against President Putin
article 20.2 § 5 of CAO, administrative fine of RUB 15,000
15/10/2021, Moscow City Court
ban on public events at certain locations - Red Square
Art. 5 (1) - unlawful detention - escorting to the police station on 28/06/2021 for the sole purpose of compiling an offence report,
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
32849/22*
26/06/2022
Yaroslav Olegovich REVENKO
1996
Andrey Vasilyevich Sabinin
Stavropol
Taganrog, 05/03/2022,
Anti-war protest
article 20.2 § 2 of CAO,
fine of RUB 25,000
11/04/2022 Rostov Regional Court
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 06/03/2022 for the sole purpose of compiling an offence report in respect of the solo demonstration of 05/03/2022,
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 open court the police officers on whose written statements the conviction was based (proceedings under article 20.2 § 2 of the CAO, final judgment of 11/04/2022, Rostov Regional Court)
Art. 10 (1) - various restrictions on the right to freedom of expression - arrest, conviction under Art. 20.3.3 § 1 CAO for discrediting the Russian military forces on account of his anti-war solo demonstration of 05/03/2022, penalty of RUB 35,000, final judgment of 07/04/2022, Rostov Regional Court,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for his solo picket against the war in Ukraine: (i) under Art. 20.3.3 § 1 CAO for discrediting of the Russian military forces, fine of RUB 35,000, final judgment of the Rostov Regional Court of 07/04/2022, and (ii) under article 20.2 § 2 of the CAO, fine of RUB 25,000, final judgment of the Rostov Regional Court of 11/04/2022
34712/22
11/07/2022
Darya Sergeyevna TSYBINA
1999
Anna Yevgenyevna Bochilo
Barnaul
Volgogda, 24/02/2022,
Anti-war protest
article 20.2 § 2 of CAO,
fine of RUB 20,000
31/03/2022, Volgograd Regional Court
distance requirement - event classified as assembly post facto
Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 24/02/2022 and 25/02/2022 as administrative suspect, pending trial and after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
35080/22*
04/07/2022
Anton Sergeyevich NEKHAYEV
1998
Sergey Sergeyevich Kulikov
Nizhniy Novgorod
Nizhnyy Novgorod, 24/02/2022,
Anti-war protest
article 20.2. § 6.1 of CAO, administrative detention for
6 days
05/03/2022, Nizhniy Novgorod Regional Court
Art. 5 (1) - unlawful detention – arrest, escorting to a police station, detention between 24/02/2022 and 25/02/2022 as administrative suspect, pending trial and after the offence record had been compiled,
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,
Art. 6 (1) - lack of fair hearing - refusal to allow evidence in support of the applicant’s account of events (video footage of the events)
47923/22
25/09/2022
Aleksandr Aleksandrovich KOLIBERDA
1975
Nikolay Vladimirovich Munskiy
Krasnoyarsk
Krasnoyarsk,
13/03/2022,
Anti-war protest
article 20.6.1 § 1 of CAO, warning
25/05/2022, Krasnoyarsk Regional Court
COVID restrictions
Art. 5 (1) - unlawful detention - arrest and escorting to the police station on 13/03/2022 for the sole purpose of drawing up an offence record,
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.
48088/22
15/09/2022
Anastasiya Vyacheslavovna ZHDANOVA
1994
Vladimir Sergeyevich Nemanov
Moscow
Moscow, 08/03/2022,
Anti-war protest
article 20.2 § 5 of CAO,
fine of RUB 20,000
01/07/2022, Moscow City Court
Art. 5 (1) - unlawful detention - escorting to the police station on 08/03/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
52475/22*
20/10/2022
Yelizaveta Andreyevna NEMZER
1996
Moscow, 24/02/2022,
Anti-war picket
article 20.2 § 5 of CAO, fine of RUB, 20,000
27/07/2022 Moscow City Court (complaint lodged on 24/11/2022)
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) on 24/02/2022 and (ii) on 02/03/2022, each time for the sole purpose of drawing up the offence record,
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 open court police officer on whose written statements the applicant’s conviction was based - both sets of proceedings,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Rally against the war in Ukraine, 02/03/2022, Moscow – arrest, conviction under article 20.2 § 5 of CAO, fine of RUB 15,000, final judgment of 23/06/2022 by the Moscow City Court (complaint lodged on 20/10/2022)
1697/23*
26/11/2022
Alena Igorevna PAVLOVA
1992
Moscow, 26/02/2022,
Anti-war protest
article 20.2 § 5 of CAO,
fine of RUB 15,000
25/08/2022, Moscow City Court
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 26/02/2022 for the sole purpose of drawing up an offence record,
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 and to call defence witnesses to challenge the police version of events
2250/23
29/12/2022
Svetlana Valeryevna GETIYA
1955
Moscow, 27/02/2022,
Anti-war protest
article 20.2 § 5 of CAO, fine of RUB 20,000
05/09/2022, Moscow City Court
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 27/02/2022 for the sole purpose of drawing up an administrative offence record,
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 conviction was based