Published on 26 June 2023
THIRD SECTION
Application no. 13226/18
Aleksey Borisovich BELENKIN and Sergey Mikhaylovich BYKOVSKIY against Russia
and 29 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 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
13226/18*
12/03/2018
Aleksey Borisovich BELENKIN
1977
Sergey Mikhaylovich BYKOVSKIY
1975
Memorial Human Rights Centre
Moscow
(i) Moscow, 28/01/2017, Solo pickets in support of Yu. Dmitriev (both applicants)
(ii) Moscow, 25/11/2021, Support of Memorial (applicant Mr Belenkin)
(i) article 20.2 § 5 of CAO, administrative fine of RUB 10,000, (for each of the applicants)
(ii) article 20.2 § 8 of CAO, administrative detention of
25 days (applicant Mr Belenkin)
(i) Moscow City Court, 10/10/2017 (in respect of Mr Belenkin) and 12/09/2017 (in respect of Mr Bykovskiy)
(ii) Moscow City Court, 02/12/2021 (applicant Mr Belenkin)
(i) distance requirement - event classified as assembly post facto
(ii) rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - (i) in respect of both applicants, arrest, escorting to a police station and detention on 28/01/2017 for the sole purpose of drawing up a record of administrative offence; (ii) in respect of Mr Belenkin, arrest, escorting to a police station and detention between 25/11/2021 and 26/11/2021 as administrative suspect,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - all sets of proceedings concerning both applicants,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal – (2nd set of proceedings) - the sentence of administrative detention imposed on Mr Belenkin by the court of the first instance on 26/11/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
(see Martynyuk v. Russia, no. 13764/15, §§ 38‑42, 8 October 2019),
Art. 11 (2) - 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) - arrest, conviction for participation in a series of solo demonstrations held on 25/11/2021 by a group of no less than 50 participants on a rotation basis.
20265/18*
11/04/2018
Yana Gennadyevna ANTONOVA
1979
Krasnodar, 07/10/2017, Attempt to install opposition banners on a bridge
article 20.2 § 2 of CAO, administrative detention of
3 days
12/10/2017, Krasnodar Regional Court
ban on public events at certain locations - a bridge
Art. 5 (1) - unlawful detention - application of the sanction of the administrative arrest to the applicant despite her having a minor child (Art. 3.9 of the CAO),
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 by the court of the first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
50745/18*
17/10/2018
Yelena Viktorovna SHUKAYEVA
1968
Yekaterinburg, 16/03/2018, Support of S. Tiunov
article 20.2 § 5 of CAO,
fine of RUB 10,000
18/04/2018, Sverdlovsk Regional Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention (i) on 16/03/2018 for the sole purpose of drawing up a record of administrative offence, and (ii) between 06/08/2020 and 07/08/2020 as administrative suspect, until the first instance hearing of 07/08/2020,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Yekaterinburg, 01/08/2020, protest against the arret of a solo demonstrator – arrest, conviction under art. 20.2 § 6.1 of the CAO, community works of 40 hours, final judgment of 07/10/2020, Sverdlovsk Regional Court.
203/20
18/12/2019
Anastasiya Aleksandrovna LOTAREVA
1983
Memorial Human Rights Centre
Moscow
(i) Moscow, 08/06/2019, Support of I. Golunov
(ii) Moscow, 28/05/2020 Support of I. Azar
(i) article 20.2 § 5 of CAO, administrative fine of
RUB 10,000,
(ii) article 20.2 § 8 of CAO,
administrative fine of RUB 150,000
(i) Moscow City Court, 12/07/2019,
(ii) Moscow City Court, 11/08/2021
(i) ban on public events at certain locations - in the vicinity of a court building
(ii) rotation - event classified as assembly post facto, (2nd set of proceedings)
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention (i) on 08/06/2019 for the sole purpose of drawing up a record of administrative offence, and (ii) on 28/05/2020, for "putting an end to an administrative offence",
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 officers 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 - 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) - arrest, conviction for participation in a series of solo demonstrations held on 28/05/2020 by a group of no less than 10 participants on a rotation basis (final judgment of 11/08/2021, Moscow City Court).
45224/20*
19/09/2020
Denis Dmitriyevich MISHCHENKO
2000
Mansur Idrisovich Gilmanov
Podolsk
(i) Moscow, 28/05/2020, Support of arrested journalist I. Azar,
(ii) Moscow, 02/06/2020, Protest against police brutality
(i) article 20.2 § 5 of CAO, administrative fine of RUB 10,000,
(ii) article 19.3
§ 1 of CAO, administrative fine of
RUB 800
(i) 12/10/2020, Moscow City Court
(ii) 28/07/2020 Moscow City Court
rotation - event classified as assembly post facto (both events)
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention (i) on 28/05/2020, in excess of three hours, for the sole purpose of drawing up a record of administrative offence; and (ii) between 02/06/2020 and 03/06/2020, as administrative suspect,
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 (final judgments of 12/10/2020 and 28/07/2020, respectively),
Art. 11 (2) - 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) - arrest, conviction for participation in a series of solo demonstrations held (i) on 28/05/2020 by a group of no less than 10 participants, and (ii) on 02/06/2020 by a group of no less than 12 participants,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine the police officers on whose written statements the conviction was based, as well as defence witnesses (proceedings which ended with the final judgment of 28/07/2020).
54116/20*
15/11/2020
Denis Vyacheslavovich GAUERT
1983
Andrey Yevgenyevich Shchukin
Nizhniy Tagil
Yekaterinburg, 01/08/2020, Picket in support of S. Furgal
article 19.3 § 1 of CAO, administrative detention of 5 days,
and
article 20.2 § 5 of CAO, administrative fine of
RUB 10,000
05/08/2020 Sverdlovsk Regional Court (conviction under Art. 19.3 § 1 of CAO)
and
10/11/2020 Sverdlovsk Regional Court (conviction under Art. 20.2 § 5 of CAO)
Art. 5 (1) - unlawful detention - arrest at 4.30 p.m., delayed escorting to a police station at 7.15 p.m. for the purpose of drawing up an administrative arrest record, detention between 01/08/2020 and 10.35 a.m. 02/01/2020 as administrative suspect,
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 the proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of administrative arrest, immediate execution of that sentence after conviction by a trial court.
2529/21*
12/12/2020
Madina Begerchinovna AVSETOVA
1998
(i) Tula, 10/07/2020, Picket against restrictions of the right to peaceful protest
(ii) Moscow,
21/12/2020, Support of A. Navalnyy
(i) article 19.3 § 1 of CAO, administrative fine of RUB 800,
(ii) article 20.2
§ 5 of CAO, fine of RUB 20,000
(i) 16/09/2020, Tula Regional Court,
(ii) 11/03/2022 Moscow City Court
(ii) rotation - event classified as assembly post facto, (event of 21/12/2020)
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention (i) from 8.30 p.m. on 10/07/2020 to 2 p.m. on 11/07/2020 as administrative suspect, initially for drawing up a record of administrative offence, and then to ensure a due examination of the case; and (ii) between 8.15 a.m. a.m. and 10.30 on 21/12/2020 for the sole purpose of drawing a record of administrative offence (such record compiled on 28/12/2020 only),
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 the proceedings.
11137/21*
08/02/2021
Galina Nikolayevna LAZORSKAYA
1958
Aleksandr Vasilyevich Popkov
Sochi
Sochi 22/06/2020, Several claims against authorities and excessive criminal prosecution
article 20.2 § 2 of CAO, administrative fine of
RUB 20,000
11/08/2020 Krasnodar Regional Court
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - two sets of administrative-offence proceedings, final judgments given on 11/08/2020 and 31/03/2020 respectively,
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 23/01/2021 and 24/01/2021 as administrative suspect; detention between 1.30 p.m. (arrest time as per the escort record) and 9.40 p.m. not recorded (arrest record drawn up in respect of the period between 9.40 p.m. on 23/01/2021 and 11.35 a.m. on 24/01/2021),
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the first-instance court was executed immediately on 24/01/2021, on account of the lack of suspensive effect of an appeal under the CAO,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - a rally in support of A. Navalnyy in Sochi on 23/01/2021 - arrest, conviction under Article 20.2 § 8 of the CAO, penalty of administrative detention of 7 days; final judgment given by the Krasnodar Regional Court on 31/03/2021.
12841/21
14/02/2021
Nikita Aleksandrovich KHRAMOV
1995
Kazan, 01/08/2020, Protest against constitutional amendments
(Installation of an A-shaped frame with a poster "Russian Constitution" with a mourning ribbon on it and flowers under it)
article 20.2 § 2 of CAO, administrative detention of 7 days
15/08/2020, Supreme Court of the Tatarstan Republic
event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 01/08/2020 and 02/08/2020 for the sole purpose of drawing up a record of administrative offence, and after such record had been compiled on 01/08/2020; failure to draw up an arrest record,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
13570/21*
25/02/2021
Yelena Yevgenyevna FILINA
1976
Grigoriy Sergeyevich Chervonnyy
Moscow
(i) Moscow, 27/05/2020, Support of V. Vorontsov
Moscow,
(ii) Moscow, 29/05/2020, Support of journalist I. Azar
(i) article 20.6.1 § 1 of CAO, administrative fine of RUB 10,000 (first set of proceedings),
(ii) article 20.2
§ 5 of CAO, administrative fine of
RUB 20,000 (second set of proceedings)
(i) 08/10/2020, Moscow City Court,
(ii) 28/08/2020 Moscow City Court
(i) COVID restrictions
(ii) rotation - event classified as assembly post facto, (2nd set of proceedings)
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 27/05/2020 and 29/05/2020, each time 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 - both sets of the proceedings,
Art. 11 (2) - 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)- arrest, conviction for participation in a series of solo demonstrations held on 29/05/2020 by a group of no less than 25 participants.
15101/21*
24/02/2021
Anastasiya Viktorovna MAKSIMOVA
1995
Memorial Human Rights Centre
Moscow
Moscow, 27/06/2020,
Support of Yu. Tsvetkova
article 20.2 § 5 of CAO, administrative fine of
RUB 15,000
22/09/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 27/06/2020 for the sole purpose of drawing up a record of administrative offence (such record compiled on 10/07/2020 only),
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.
16032/21
05/03/2021
Yegor Olegovich ZAKHAROV
1995
Memorial Human Rights Centre
Moscow
Moscow,
28/05/2020,
Support of arrested journalists
article 20.2 § 5 of CAO, administrative fine of RUB 10,000,
16/09/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention (i) on 28/05/2020 for the sole purpose of drawing up a record of administrative offence; and (ii) between 31/01/2021 and 01/02/2021 as administrative suspect,
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 the 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 (2nd set of proceedings, final judgment of 16/09/2021),
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - (i) 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) - arrest, conviction for participation in a series of solo demonstrations held on 28/05/2020 by a group of no less than 10 participants (final judgment of 16/09/2021, Moscow City Court); (ii) arrest, conviction under Article 20.2 § 8 of the CAO for participation in a rally in support of A. Navalnyy in Moscow held on 31/01/2021 (fine of RUB 150,000, final judgment of 16/09/2021, Moscow City Court).
19188/21*
17/03/2021
Yevgeniya Anatolyevna GURENKO
1999
Mansur Idrisovich Gilmanov
Podolsk
Moscow, 18/07/2020, Protest against constitutional amendments
article 20.2 § 5 of CAO,
administrative fine of
RUB 15,000
18/12/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 18/07/2020 for the sole purpose of drawing up a record of administrative offence (such record drawn up on 29/07/2020 only),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 11 (2) - 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) - arrest, conviction for participation in a series of solo demonstrations held on 18/07/2020 by a group of no less than 20 participants.
20418/21*
14/03/2021
Maksim Aleksandrovich LEONOV
1998
Varvara Dmitriyevna Mikhaylova
St Petersburg
15/03/2020,
St Petersburg, Protest against amendments to the Constitution
article 20.2 § 5 of CAO,
administrative fine of
RUB 10,000
15/09/2020, St Petersburg City Court
rotation - event classified as assembly post facto, distance requirement - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - unlawful detention on 15/03/2020 for more than 3 hours for the sole purpose of drawing up a record of administrative offence,
Art. 11 (2) - 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)- arrest, conviction for participation in a series of solo demonstrations held on 15/03/2020 by a group of no less than 50 participants (final judgment of 15/09/2020, St Petersburg City Court).
22645/21*
09/04/2021
Marianna Borisovna BELENKAYA
1977
Mansur Idrisovich Gilmanov
Podolsk
07/07/2020, Moscow, Support of I. Safonov
article 20.2 § 5 of CAO, administrative fine of
RUB 10,000
14/10/2020
Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest and escort to the police station, detention on 07/07/2020 in excess of three hours, for the sole purpose of drawing up a record of administrative offence,
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. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 11 (2) - 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) - arrest, conviction for participation in a series of solo demonstrations held on 07/07/2020 by a group of no less than 20 participants.
27202/21*
27/04/2021
Yelena Gennadyevna VOYEVODINA
1964
Pavel Valeryevich Romanov
Cheboksary
Cheboksary, 23/01/2021, Picket for President Putin’s resignation
article 20.6.1 §1 of CAO, administrative fine of
RUB 1,000
25/03/2021, Supreme Court of the Chuvashia Republic
COVID-related ban on public events
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 23/01/2021 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. 34 - hindrance in the exercise of the right of individual petition
- the applicant complains that an officer at a police station seized, took out of the already opened envelope and allegedly read the Court’s letter to her concerning her unrelated application (subsequently noted in the search record as "a letter in a foreign language from the ECHR").
32650/21*
11/06/2021
Igor Vladimirovich KOSTIN
1971
Nizhniy Novgorod, 30/08/2020, Picket in support of N. Platoshkin
article 20.2 § 5 of CAO, administrative fine of
RUB 10,000
24/12/2020, Nizhniy Novgorod Regional Court
rotation - event classified as assembly post facto
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Manifestation in support of A. Navalnyy (the applicant denied participation, claimed he was passing by), Nizhniy Novgorod 31/01/2020 - he was still arrested and convicted under Article 20.2 § 8 of CAO, sentenced to a fine of RUB 150,000 (final judgment: Nizhniy Novgorod Regional Court, 07/04/2021),
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 the proceedings,
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 31/01/2020 and 01/02/2020 as administrative suspect,
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 court the police officers on whose written statements the conviction was based (2nd set of proceedings, final judgment of 07/04/2021).
39205/21*
19/07/2021
Viktor Filippovich RAU
1959
Anna Yevgenyevna Bochilo
Barnaul
Barnaul, 29/01/2021, Support of political activists including Navalnyy
Barnaul,
02/03/2021, Protest against local authorities’ inaction and a call to meet with the Prime Minister visiting the town on that day
article 20.2 § 2 of CAO, administrative detention of 6 days,
article 20.2 § 8 of CAO, administrative detention of 12 days
02/02/2021, Altay Regional Court
18/03/2021, Altay Regional Court
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) on 23/01/2021 for the sole purpose of drawing up a record of administrative offences and between 25/01/2021 and 26/01/2021 as administrative suspect, pending trial; (ii) between 29/01/2021 and 31/01/2021 as administrative suspect, for a due consideration of his administrative-offence case; and (iii) between 02/03/2021 and 03/03/2021 as administrative suspect,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - three sets of the proceedings,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies –
(i) Picketing in support of Khabarovsk protests, Barnaul, 05/12/2020 - arrest on 04/02/2021 (at the exit of the detention centre where the applicant had served his sentence of administrative detention), conviction under article 20.2 § 2 of CAO, fine of RUB 20,000, final judgment: 22/04/2021, Altay Regional Court,
and
(ii) Manifestation in support of A. Navalnyy, Barnaul, 23/01/2021 – arrest, conviction under article 20.2 § 6.1 of CAO, fine of RUB 10,000, final judgment: 18/03/2021, Altay Regional Court,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant on 31/01/2021 (the first set of proceedings) and on 10/03/2021 (the second set of proceedings) were each time executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,
Art. 10 (1) - conviction for making calls to participate in public events - the applicant was convicted for making calls to participate in a public event in support of A. Navalnyy, by way of his solo demonstration of 29/01/2021 and by posting such calls using his Telegram account - final judgment of 02/02/2021 (Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019)
43612/21*
14/08/2021
Aleksandr Engelsovich SMIRNOV
1961
Milita Petrovna Borodina
Magnitogorsk
Magnitogorsk, 21/04/2021, Support of Alexey Navalnyy
article 20.2 § 2 of CAO, fine of RUB 30,000
Chelyabinsk Regional Court, 16/06/2021
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 the proceedings,
Art. 10 (1) - conviction for making calls to participate in public events - the applicant was arrested for publishing on 07/09/2021 a post in Vkontakte calling to participate in an unauthorised opposition rally in Magnitogorsk, convicted under art. 20.2 § 8 of CAO and sentenced to 20 days of administrative detention; final judgment: Chelyabinsk Regional Court, 24/11/2021 (see Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 74-90, 30 April 2019)
49869/21
28/09/2021
Ivan KHAMPEL
2002
Memorial Human Rights Centre
Moscow
Moscow 30/06/2019 Distribution of leaflets
article 20.2 § 5 of CAO, administrative fine of
RUB 10,000
30/03/2021 Moscow City Court
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 30/06/2019 for compiling an offence report,
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 two police officers on whose written statements his conviction was based.
45476/22*
26/08/2022
Anastasiya Aleksandrovna MIROSHNICHENKO
1997
Rim Faridovich Sabirov
Kazan
Kazan, 06/03/2022, Anti-war protest
article 20.2 § 5 of CAO, administrative fine of
RUB 10,000
27/04/2022, Supreme Court of the Tatarstan Republic
distance requirement - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 06/03/2022, in excess of three hours, for the sole purpose of drawing up a record of administrative offence (as raised on appeal),
Art. 11 (2) - 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) - arrest, conviction for participation in a peaceful gathering held on 06/03/2022, conviction under Art. 20.2-5 of the CAO, final judgment issued on 27/04/2022 by the Supreme Court of the Tatarstan Republic.
46012/22*
17/09/2022
Igor Aleksandrovich YAKOVLEV
1986
Anna Yevgenyevna Bochilo
Barnaul
Cheboksary, 26/02/2022, Anti-war protest
article 20.6.1 § 1 of CAO, fine of RUB 10,000
24/05/2022, Supreme Court of the Chuvashia Republic
COVID-related ban on public events
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
46037/22*
17/09/2022
Sergey Vladimirovich MALOV
2002
Anna Yevgenyevna Bochilo
Barnaul
Cheboksary, 26/02/2022, Anti-war protest
article 20.6.1 § 1 of CAO, fine of RUB 1,000
07/06/2022, Supreme Court of the Chuvashia Republic
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
49045/22
01/10/2022
Aleksandr Aleksandrovich BAGIN
1990
Nataliya Andreyevna Baranova
Moscow
St Petersburg, 03/04/2022, Anti-war protest
Art. 20.3.3 of the CAO, administrative fine of
RUB 35,000
02/06/2022, St Petersburg City Court
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 03/04/2022 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 court police officers on whose written statements the conviction was based.
52964/22
02/11/2022
Antoniy Filippovich SHUVALOV
1999
24/02/2022, Moscow,
Anti-war protest
article 20.2 § 5 of CAO, administrative fine of
RUB 10,000
Moscow City Court, 05/07/2022
conviction for participation in grouped picketing of the participants who had positioned themselves at an important distance from each other (different streets)
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station, detention on 24/02/2022 for the sole purpose of drawing up an arrest 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) - unfair trial in administrative offence proceedings - inability to submit evidence in defence of the applicant’s version of events – a video footage - on an equal footing with the prosecution.
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 court police officers on whose written statements the conviction was based.
54413/22*
21/10/2022
Konstantin Olegovich VASILEV
1987
Natalya Andreyevna Baranova
Moscow
Moscow, 04/04/2022, Anti-war protest
article 20.3.3 § 1 of CAO, fine of RUB 50,000
29/06/2022, 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.
55603/22
31/10/2022
Mikhail Anatolyevich PODIVILOV
2000
Moscow, 24/02/2022, Anti-war protest
article 20.2 § 5 of CAO, administrative fine of
RUB 15,000
01/07/2022, Moscow City Court
conviction for participation in grouped picketing of the participants who had positioned themselves at an important distance from each other (different addresses)
Art. 5 (1) - unlawful deprivation of liberty - Detention took place between 6.10 p.m. and 9.35 p.m. on 24/02/2022. The applicant was taken to the police station for the sole purpose of drawing up an administrative offence record (raised on appeal in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
55915/22*
14/10/2022
Vlada Aleksandrovna SHANGINA
1998
Yelena Vladimirovna Lipatova
Moscow
Kazan, 10/03/2022, Anti-war protest
article 20.3.3 § 1 of CAO, administrative fine of
RUB 30,000
15/06/2022,
Supreme Court of the Republic of Tatarstan,
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 10/03/2022 for the sole purpose of drawing up a record of administrative offence.
1740/23*
29/11/2022
Nina Ivanovna NESTEROVA
1985
Moscow, 02/04/2022, Moscow,
Anti-war protest
article 20.3.3 § 1 of CAO, administrative fine of
RUB 50,000
29/07/2022, Moscow City Court
discreditation of the Russian armed forces
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 02/04/2022 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.
2621/23*
08/12/2022
Aleksandr Aleksandrovich BAYGUZOV
2000
Natalya Andreyevna Baranova
Moscow
Samara, 24/05/2022, Anti-war protest (holding posters "Guys, let’s all get along. Leopold the Cat" and "I have a right to stand here, according to Article 31 of the Constitution")
article 20.3.3 § 1 of CAO, administrative fine of
RUB 40,000
11/08/2022, Samara Regional Court
discreditation of the Russian armed forces
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.