Published on 8 January 2024
SECOND SECTION
Application no. 28623/21
Nikolay Sergeyevich BARYBIN against Russia
and 11 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 30 November 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 / criminal offence
Penalty
Final domestic decision
Court Name
Date
Other complaints under
well-established case-law
28623/21*
16/05/2021
Nikolay Sergeyevich BARYBIN
1998
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention of 12 days
Moscow City Court
12/02/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report, detention beyond the three‑hour statutory period,
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.
40353/21
30/07/2021
Anatoliy Aleksandrovich BEREZIKOV
1983
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Rostov-on-Don
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Rostov Regional Court
15/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report, detention beyond the three-hour statutory period,
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 his conviction was based.
53280/21
06/10/2021
Stanislav Timofeyevich LUKYANOV
1964
Konstantin Mikhaylovich Zinovyev
Nizhniy Novgorod
Rally “Free Navalnyy”
Nizhniy Novgorod
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
07/04/2021
Art. 5 (1) - unlawful detention- escorting to the police station on 31/01/2021 for compiling an offence report, detention beyond the three-hour statutory period,
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 his conviction was based.
54063/21*
14/10/2021
Andrey Rimovich KIRSANOVSKIY
1997
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Moscow City Court
23/08/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 02/02/2021 for compiling an offence report, detention beyond the three‑hour statutory period,
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 his conviction was based.
33214/22
06/08/2021
Maksim Anatolyevich SIMONOV
1990
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Anti-war protest
Yekaterinburg
26/02/2022
article 20.2 § 5 of CAO
30 hours of community work
Sverdlovsk Regional Court
18/05/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 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.
37622/22
16/07/2022
Mikhail Mikhaylovich ZIMIN
1988
Aleksey Alekseyevich Levchenko
Rostov-on-Don
Anti-war protest
Rostov-on-Don
06/03/2022
article 19.3 § 1 of CAO
detention for 5 days
Rostov Regional Court
07/04/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report, detention beyond the three-hour statutory period,
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 his conviction was based,
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.
37779/22*
21/07/2022
Nikita Aleksandrovich BELYAKOV
1997
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
02/04/2022
article 20.2 § 6.1 of CAO
detention for 7 days
St Petersburg City Court
07/04/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 02/04/2022 for compiling an offence report, detention beyond the three-hour statutory period,
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 his conviction was based,
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.
39789/22
05/08/2022
Violetta Albertovna GUASARI
1994
Yekaterina Viktorovna Dadayeva
St Petersburg
Anti-war protest
St Petersburg
02/04/2022
article 20.2 § 6.1 of CAO
detention for 3 days
St Petersburg City Court
05/04/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 02/04/2022 for compiling an offence report, detention beyond the three‑hour statutory period,
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.
47969/22*
15/09/2022
Andrey Yuryevich ARKHIPOV
1990
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
09/06/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report, detention beyond the three-hour statutory period,
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 his conviction was based.
48020/22*
15/09/2022
Aleksey Anatolyevich AGAFONOV
1959
Anti-war protest
Moscow
13/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
19/07/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 13/03/2022 for compiling an offence report, detention beyond the three-hour statutory period,
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 his conviction was based,
Art. 6 (1) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence).
48510/22
29/09/2022
Marina Yevgenyevna ZAMYATINA
1999
Yekaterina Viktorovna Dadayeva
St Petersburg
Anti-war protest
St Petersburg
02/04/2022
article 20.2 § 6.1 of CAO
80 hours of community service
St Petersburg City Court
31/05/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 02/04/2022 for compiling an offence report, detention beyond the three-hour statutory period,
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
48752/22*
13/09/2022
Yegor Sergeyevich KULIKOV
2001
Anti-war protest
Moscow
13/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/07/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 13/03/2022 for compiling an offence report, detention beyond the three‑hour statutory period,
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 his conviction was based
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