Published on 26 June 2023
FIFTH SECTION
Application no. 14839/21
Semen Yevgenyevich BAKHMATOV against Russia
and 9 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 1 June 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
14839/21
25/02/2021
Semen Yevgenyevich BAKHMATOV
2001
Nikolay Sergeyevich Zboroshenko
Mytishchi
Manifestation against constitutional amendments
Moscow
15/07/2020
Article 20.2 § 6.1 of CAO
fine of
RUB 20,000
Moscow City Court
26/08/2020
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting and detention at the police station on 15/07/2020 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 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
25911/21*
07/05/2021
Ilya Grigoryevich ZHABROV
1998
Nikolay Sergeyevich Zboroshenko
Mytishchi
Manifestation in support of A. Navalnyy
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
10 days of administrative arrest
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful detention – arrest, escorting and detention at the police station on 31/01/2021 for the 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 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
26880/21*
17/05/2021
Anton Vyacheslavovich MATLIN
1987
Memorial Human Rights Centre
Moscow
Manifestation in support of A. Navalnyy
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
12 days of administrative arrest
Moscow City Court
10/02/2021
Art. 5 (1) - unlawful detention - arrest, escorting and detention at the police station on 02/02/2021 for the purpose of drawing up a record of administrative offence and for bringing to the court on 03/02/2021 (overall duration of 12h35min)
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 on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
28248/21*
30/04/2021
Aleksey Vadimovich MIKHALEVSKIY
2000
Memorial Human Rights Centre
Moscow
Manifestation in support of A. Navalnyy
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
7 days of administrative arrest
Moscow City Court
18/02/2021
Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention on 31/01/2021 for the purpose of drawing up a record of administrative offence and for bringing to the court on 01/02/2021 (overall duration of 29h 40min)
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 submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
30342/21*
11/05/2021
Oleg Vladimirovich KOSAREV
1996
Nikolay Sergeyevich Zboroshenko
Mytishchi
Manifestation in support of A. Navalnyy
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
10 days of administrative arrest
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful detention – arrest, escorting and detention at the police station on 02/02/2021 for the purpose of drawing 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 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
31172/21*
13/05/2021
Aleksandr Yuryevich SHCHEDUKHIN
1996
Manifestation in support of A. Navalnyy
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
10 days of administrative arrest
Moscow City Court
12/02/2021
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting and detention at the police station on 31/01-01/02/2021 for the purpose of drawing up a record of administrative offence and for bringing to the court on 01/02/2021
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 open court police officers on whose written statements the applicant’s conviction was based
31544/21*
15/05/2021
Andrey Valentinovich VOLGUSHEV
1997
Mansur Idrisovich Gilmanov
Podolsk
Manifestation against constitutional amendments
Moscow
15/07/2020
Article 20.2 § 6.1 of CAO
administrative fine of
RUB 10,000
Moscow City Court
18/11/2020
Art. 5 (1) - unlawful detention – arrest, escorting and detention at the police station on 15-16/07/2020 in excess of 3 hours 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 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
31626/21*
07/06/2021
Aleksey Aleksandrovich SEKOTSKIY
1983
Yelena Yuryevna Pershakova
Moscow
Manifestation in support of A. Navalnyy
Moscow
23/01/2021
Article 20.2 § 5 of CAO
administrative fine of
RUB 10,000
Moscow City Court
22/03/2021
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 open court police officers on whose written statements the applicant’s conviction was based
Art. 5 (1) - unlawful detention – arrest, escorting and detention at the police station on 23/01/2021 in excess of 3 hours for the purpose of drawing up a record of administrative offence
31984/21*
15/06/2021
Konstantin Nikolayevich MEZENTSEV
1983
Yelena Yuryevna Pershakova
Moscow
Manifestation in support of A. Navalnyy
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
10 days of administrative arrest
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful detention - arrest, escorting and detention at the police station on 31/01-01/02/2021 (for 15 hours) for the purpose of drawing up a record of administrative offence and for signing the court summons on 01/02/2021
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 open court 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 on 02/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
33882/21
03/06/2021
Oleg Aleksandrovich SVYATKIN
1995
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Manifestation in support of A. Navalnyy
Cheboksary
23/01/2021
Article 20.2 § 5 of CAO
administrative fine of
RUB 10,000
Supreme Court of Republic of Chuvashia
11/03/2021
Art. 5 (1) - unlawful detention – arrest, escorting and detention at the police station on 30/01/2021 (a few days after the manifestation) 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 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