Published on 10 June 2024
THIRD SECTION
Application no. 10644/20
Vladislav Aleksandrovich BARABANOV against Russia
and 5 other applications
(see table appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 16 May 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 table, 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
10644/20*
13/02/2020
Vladislav Aleksandrovich BARABANOV
1997
Aleksey Aleksandrovich Matasov
Nizhniy Novgorod
(i) Moscow, 01/06/2020, Support of I. Azar;
(ii) Moscow, 05/06/2020, Support of I. Azar and other activists.
article 20.2 § 8 of CAO,
administrative fine of RUB 200,000;
article 20.2 § 8 of CAO, administrative fine of RUB 250,000.
(i) 28/10/2020, Moscow City Court;
(ii) 30/10/2020, Moscow City Court.
rotation - event classified as assembly post facto;
rotation - event classified as assembly post facto.
Art. 5 (1) - unlawful detention - escorting to the police station on 01/06/2020 (according to the applicant, between 6.30 p.m. and 9.30 p.m.) and 05/06/2020 (according to the applicant, between 7.30 p.m. and 10 p.m.) for compiling an offence report; the administrative offence record in respect of the event on 05/06/2020 was compiled only on 24/06/2020;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of 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 whose written statements secured the applicant’s conviction in relation to his participation in the event on 05/06/2020.
11487/21
31/12/2020
Pavel Anatolyevich STEPANCHENKO
1988
Moscow, 21/02/2020,
in front of the Federal Security Service building, Support of political prisoners
article 19.3 § 1 of CAO, administrative detention for 10 days
30/06/2020, Moscow City Court
(the applicant was served with the final decision on the following day)
distance requirement – event classified as assembly post facto
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station between 21/02/2020 and 22/02/2020 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.
21235/22*
05/04/2022
Vitaliy Vsevolodovich MANSKIY
1963
Alena Sergeyevna Borisova
Moscow
Moscow, 22/12/2020,
in front of the Federal Security Service building,
Protest against A. Navalnyy’s poisoning
article 20.2 § 5 of CAO,
administrative fine of RUB 10,000
05/10/2021, 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;
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 who had arrested the applicant and whose written statements secured his conviction.
30136/22*
28/05/2022
Vadim Igorevich NESTERENKO
2000
Andrey Vasilyevich Sabinin
Stavropol
Tomsk,
Sobornaya Square,
06/03/2022,
Solo demonstration against the Russian military attack on Ukraine
article 20.3.3
§ 1 of CAO, administrative fine of RUB 45,000
29/03/2022, Tomsk Regional Court
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
32871/22
20/06/2022
Kristina Yevgenyevna SHATRYUK
1997
Andrey Vasilyevich Sabinin
Stavropol
Ilanskiy, 06/03/2022,
Solo demonstration against the Russian military attack on Ukraine
article 20.3.3
§ 1 of CAO, administrative fine of RUB 30,000
13/04/2022, Krasnoyarsk Regional Court
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – arrest and escorting to the police station on 06/03/2022 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.
7625/24*
29/02/2024
Konstantin Petrovich FOKIN
1969
Moscow,
Red Square,
05/09/2022,
Solo demonstration against the Russian military attack on Ukraine
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
03/11/2023, Moscow City Court
ban on public events at certain locations, namely near the Kremlin (official residency of the President of Russia)
Art. 5 (1) - unlawful detention – arrest, escorting to and detention at the police station for compiling an offence report from 7.10 p.m. to 11.40 p.m. on 05/09/2022.