Published on 8 January 2024
THIRD SECTION
Application no. 2388/18
Roza Fanurovna BATUSOVA against Russia
and 12 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 6 § 1 of the Convention relating to lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings which are the subject of well-established case law of the Court (see Karelin v. Russia, no. 926/08, 20 September 2016).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 6 § 1 of the Convention
(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Penalty
Date of final domestic decision
Name of court
Other complaints under well-established case-law
2388/18
21/12/2017
Roza Fanurovna BATUSOVA
1969
community service,
100 hours
14/08/2017
Vyborg Town Court o
f the Leningrad Region
10864/18*
26/02/2018
Nikita Vladimirovich MISUNOV
1980
Memorial Human Rights Centre
Moscow
fine of
RUB 10,000
30/08/2017
Moscow City Court
Art. 5 (1) - unlawful detention - escorting to the police station on 26/03/2017 for compiling an offence report, detention beyond the three-hour statutory period.
11890/18*
15/02/2018
Aleksey Petrovich NOVIKOV
1966
suspension of the driving licence for
1 year and 8 months, fine of
RUB 30,000
29/08/2017
Chaykovskiy Town
Court of the Perm Region
12297/19*
23/01/2019
Sergey Igorevich BUZIN
1989
Yevgeniy Valeryevich Kulakov
Arkhangelsk
fine of
RUB 30,000
28/12/2018
Solombalskiy District Court of Arkhangelsk
17891/19*
19/03/2019
Vladimir Andriyanovich OLEKHOV
1955
Yevgeniy Valeryevich Kulakov
Arkhangelsk
detention for
7 days
15/02/2019
Lomonosovskiy District Court of Arkhangelsk
36152/19*
25/06/2019
Vasiliy Sergeyevich SAYANTS
1999
fine of
RUB 30,000
14/02/2019
Moscow City Court
Art. 5 (1) - unlawful detention - escorting to police office on 05/05/2018 for compiling an offence report.
55054/19*
13/10/2019
Nikolay Aleksandrovich ZHALNIN
1984
suspension of the driving licence for 1 year and 8 months, fine of
RUB 30,000
18/07/2019
Nikolskiy District
Court of the Penza Region
55090/21*
22/10/2021
Anna Aleksandrovna TRIBULKINA
1989
Yaroslav Vladimirovich Bocharov
Bryansk
fine of
RUB 10,000
02/09/2021
Bryansk Regional Court
18013/22*
10/03/2022
Andrey Viktorovich LASKAVYY
1980
fine of
RUB 30,000, suspension of the driving licence, for
1 year and
6 months
06/12/2021
Kuzminskiy District
Court of Moscow
18438/22
18/03/2022
Yuriy Viktorovich STRELCHENKO
1967
Aleksandr Nikolayevich Girenkov
Aleysk
suspension of the driving licence,
for 18 months,
fine of
RUB 30,000
09/03/2022
Aleysk Town Court of the Altay Region
23625/22*
28/03/2022
Asker Askerovich GEYDAROV
1973
Memorial Human Rights Centre
Moscow
detention
for 3 days
17/12/2021
Moscow City Court
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 17/09/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
26675/22*
05/05/2022
Semen Yuryevich SAVVATEYEV
1999
fine of
RUB 30, 000, suspension of the driving licence for
2 years
08/11/2021
Blagoveschenskiy
District Court of the Amur Region
30211/22*
28/05/2022
Igor Vladimirovich PAVLOV
1991
Valeriy Viktorovich Kanayev
Diveyevo
suspension of the driving licence for
1 year and
6 months
20/04/2022
Nizhniy Novgorod
Regional Court
Art. 6 (3) (c) - own choice of legal assistance - failure to postpone the first hearing in the view of the representative’s COVID infection, as a result, the applicant was not represented and failed to question prosecuting witnesses in open court
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