Published on 27 November 2023
FIRST SECTION
Application no. 50374/21
Roman Vasilyevich BELOMESTNOV against Russia
and 34 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 2 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 charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
50374/21*
22/09/2021
Roman Vasilyevich BELOMESTNOV
1991
Manifestation in support of A. Navalnyy
Vladivostok
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Primorye Regional Court
24/05/2021
Art. 8 (1) - unlawful search - Search of the applicant’s flat as part of the criminal investigation against unidentified perpetrators on 06/02/2021 authorised by the Pervorechenskiy District Court of Vladivostok on 05/02/2021; final decision on the matter was taken by the Primorye Regional Court on 23/03/2021; Specific defects:
no adequate and sufficient safeguards against abuse: broad terms/wide content and scope of the search warrant (objects and documents not specific enough to restrict police’s discretion), no relevant or sufficient reasons to justify the search: no evidence supporting the search authorisation, applicant was not a suspect.
The regional department of the interior opened a criminal investigation on charges of wilful blocking of transport communications. According to the official version, unidentified persons organised, by means of Internet communications, a gathering. The participants of the gathering blocked the street and, as a result, public buses and ambulances could not follow their routes. The applicant was suspected to be an organiser of the gathering. The purpose of the search was to find (1) electronical devices used to document the gathering, (2) documents pertaining to the crime and (3) other objects and documents necessary to establish the circumstances of the case.
12835/22*
09/02/2022
Yuliya Sergeyevna POSEVKINA
1976
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Manifestation against war in Ukraine
Syktyvkar
24/02/2022
article 20.2 § 8 of CAO
5 days’ administrative arrest
Supreme Court of the Komi Republic
06/04/2022
Art. 10 (1) - conviction for making calls to participate in public events - the applicant was convicted under Article 20.2 § 2 of CAO for having posted information about a manifestation in support of A. Navalnyy in Moscow and St Petersburg, administrative fine of RUB 10,000; final decision on the matter was taken by the Supreme Court of the Komi Republic on 13/10/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of the proceedings which ended on 13/10/2021 and 06/04/2022;
Art. 5 (1) - unlawful detention - Arrest and detention on 24/02/2022 - Detention as an administrative suspect: no evidence/assessment of “exceptional circumstances” under Art. 27.3 § 1 CAO (see Butkevich v. Russia, no. 5865/07, §§ 63-64, 13 February 2018; Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); (raised in the administrative proceedings);
Art. 10 (1) - various restrictions on the right to freedom of expression - The applicant was convicted under Article 20.3.3 of CAO for making comments in a social network (VKontakte) with a purpose to discredit Russian armed forces during the period between 12/03/2022 and 30/03/2022; administrative fine of RUB 30,000; the final decision on the matter was taken by the Supreme Court of the Komi Republic on 28/09/2022
32325/22*
11/06/2022
Olga Mikhaylovna IVANOVA
1989
Natalya Andreyevna Baranova
Moscow
Anti-war protest
Irkutsk
06/03/2022
article 20.2 § 2 of CAO
detention for 10 days
Irkutsk Regional Court
16/03/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
43965/22*
18/08/2022
Vadim Vitalyevich SMIRNOV
1967
Olesya Anatolyevna Vasilchenko
Minyar
Manifestation against the war in Ukraine
St Petersburg
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
19/04/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 from 5.15 p.m. to 11 p,m. - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised 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
44447/22
25/08/2022
Konstantin Sergeyevich FROLOV
1988
Aleksey Sergeyevich Lapuzin
Samara
Anti-war protest
Samara
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
28/04/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 27/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised 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
45200/22*
15/09/2022
Semen Aleksandrovich KOVALEV
2001
Manifestation against the war in Ukraine
St Petersburg
27/02/2022
article 20.2 § 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
31/05/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - arrest and detention from 7.12 p.m. on 27/02/2022 to 7 a.m. on 28/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); raised in the administrative proceedings
45494/22*
26/08/2022
Konstantin Valeryevich CHEMEZOV
1999
Anti-war protest
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 14,000
Sverdlovsk Regional Court
02/06/2022
Art. 5 (1) - unlawful detention - Arrest and detention at the police station after compiling an offence report from 3 p.m. till 6.45 p.m. on 06/03/2022 - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaint was raised 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
46001/22*
10/09/2022
Vladimir Viktorovich RENZHIN
1968
Vladislav Vladimirovich Kosnyrev
Syktyvkar
Manifestation against the war in Ukraine
Syktyvkar
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Komi Republic
11/05/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of administrative proceedings (final relevant decisions were taken by the Supreme Court of the Komi Republic on 11/05/2022 and 10/08/2022 respectively);
Art. 10 (1) - various restrictions on the right to freedom of expression - Conviction under Article 20.3.3 § 1 of CAO for putting up an anti-war poster in Syktyvkar on 24/02/2022/administrative fine of RUB 35,000/ Supreme Court of the Komi Republic on 10/08/2022 (appeal decision);
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 24/04/2022 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings (lodged on 10/12/2022).
47937/22*
12/09/2022
Mark Dmitriyevich POLYAK
1988
Dmitriy Georgiyevich Gerasimov
St Petersburg
Manifestation against the war in Ukraine
St Petersburg
27/02/2022
article 20.2 § 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
26/05/2022
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
48301/22*
14/09/2022
Olga Sergeyena ARTEMYEVA
1996
Demonstration against the war in Ukraine
Ufa
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Bashkortostan Republic
16/05/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 16/05/2022, Supreme Court of the Bashkortostan Republic;
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 27/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019) (raised on appeal in the administrative proceedings).
48357/22*
14/09/2022
Dmitriy Gennadyevich ZAYTSEV
1999
Daniil Alekseyevich Polyakov
Voronezh
Manifestation against the war in Ukraine
Voronezh
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
21/06/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings
48359/22*
14/09/2022
Pavel Vitalyevich BELYAYEV
1989
Daniil Alekseyevich Polyakov
Voronezh
Manifestation against the war in Ukraine
Voronezh
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 5,000
Voronezh Regional Court
26/07/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings
48360/22*
14/09/2022
Valeriya Yevgenyevna KOTOVA
2000
Daniil Alekseyevich Polyakov
Voronezh
Manifestation against the war in Ukraine
Voronezh
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 5,000
Voronezh Regional Court
19/07/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 24/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings
48600/22*
30/09/2022
Yelena Konstantinovna GORODNITSYNA
1994
Aleksey Sergeyevich Lapuzin
Samara
Manifestation against the war in Ukraine
Samara
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
02/06/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 27/02/2022 from 3 p.m. to 8.14 p.m. - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaint was raised in the administrative proceedings
49050/22*
15/09/2022
Ivan Aleksandrovich SVIRIDOV
2001
Konstantin Mikhaylovich Zinovyev
Nizhniy Novgorod
Anti-war protest
Nizhniy Novgorod
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Nizhniy Novgorod Regional Court
26/05/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint raised 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
49973/22
07/10/2022
Irina Petrovna SHELKUNOVA
1988
Nataliya Andreyevna Baranova
Moscow
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
07/06/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention at the police station after compiling an offence report from 7.30 p.m. on 27/02/2022 till 2.00 a.m. on 28/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised 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;
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 on whose written statements the applicant’s conviction was based
50877/22*
19/10/2022
Georgiy Yuryevich SIDORENKO
1998
Natalya Andreyevna Baranova
Moscow
Manifestation against the war in Ukraine
Moscow
25/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
21/06/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 25/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings
50899/22*
15/09/2022
Darya Denisovna ANDRIANOVA
2000
Andrey Anatolyevich Slavkin
Murmansk
Manifestation against the war in Ukraine
Murmansk
06/03/2022
article 20.2 § 2 of CAO
fine of RUB 20,000
Murmansk Regional Court
30/05/2022
50992/22
17/10/2022
Anton Aleksandrovich ANDREYEV
1992
Manifestation against the war in Ukraine
Moscow
25/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
17/06/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 9 p.m. on 25/02/2022 to 10 a.m. on 26/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised in the administrative proceedings
51408/22*
26/10/2022
Yelizaveta Alekseyevna DADONOVA
1978
Natalya Andreyevna Baranova
Moscow
Manifestation against the war in Ukraine
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
27/06/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 27/06/2022, Moscow City Court
51516/22
05/10/2022
Margarita Igorevna YADROVSKAYA
1992
Natalya Andreyevna Baranova
Moscow
Manifestation against the war in Ukraine
Moscow
25/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
07/06/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 7.45 p.m. o 25/02/2022 to 1.10 a.m. on 26/02/2022.
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018) (raised 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 - 07/06/2022, Moscow City Court;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant was unable to confront the police officers on whose statements her conviction was based
52115/22
27/10/2022
German Aleksandrovich TITOV
1988
Valeriya Aleksandrovna Arshinova
Moscow
Manifestation against the war in Ukraine
Moscow
27/02/2022
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
27/06/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 27/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019) (raised 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;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant was unable to confront the police officers on whose statements his conviction was based
52377/22*
26/10/2022
Anastasiya Andreyevna SERDYUK
2000
Manifestation against the war in Ukraine
Krasnoyarsk
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
29/06/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised 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
53818/22*
26/10/2022
Monika Albertovna BASTRON
2001
Luiza Magomedovna Magomedova
St Petersburg
Manifestation against the war in Ukraine
St Petersburg
02/04/2022
article 20.2 § 2 of CAO
fine of RUB 15,000
St Petersburg City Court
25/08/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect (Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
53822/22*
26/10/2022
Aleksey Viktorovich KASATKIN
1962
Luiza Magomedovna Magomedova
St Petersburg
Manifestation against the war in Ukraine
St Petersburg
24/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
28/06/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant complained of being taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect (Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceeding
53829/22*
11/11/2022
Nikolay Vladimirovich PTITSYN
1976
Nataliya Andreyevna Baranova
Moscow
Manifestation against the war in Ukraine
Moscow
13/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
13/07/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 3 p.m. to 10 p.m. on 13/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised 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;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant complained of the inability to cross-examine in the first-instance trial two police officers on whose written statements his conviction was based
54951/22*
29/10/2022
Anton Vyacheslavovich DENGUBOV
1992
Manifestation against the war in Ukraine
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Sverdlovsk Regional Court
29/06/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 2.25 p.m. to 11.30 p.m. on 06/03/2022 - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaint was raised 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
55875/22
08/10/2022
Anna Rifatovna SAYFUTDINOVA
1988
Yelena Vladimirovna Lipatova
Moscow
Anti-war protest
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
09/06/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 7.10 p.m. on 24/02/2022 to 1 a.m. 25/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised in the administrative 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 officer on whose written statements the applicant’s conviction was based
57351/22*
13/11/2022
Ulyana Aleksandrovna BOGRACHEVA
1974
Calls to participation in the manifestation against the war in Ukraine
Moscow
12/03/2022
Manifestation against the war in Ukraine
Moscow
24/02/2022
article 20.2 § 2 of CAO
article 20.2 § 5 of CAO
fine of RUB 20,000
fine of RUB 15,000
Moscow City Court
13/07/2022
Moscow City Court
19/07/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of administrative proceedings;
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 13/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings
57553/22*
02/12/2022
Polina Yuryevna ZHUCHKOVA
2003
Manifestation against the war in Ukraine
Moscow
25/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
03/08/2022
Art. 5 (1) - unlawful detention - Arrest and detention from 8.20 p.m. om 25/02/2022 to 6.32 a.m. on 26/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised 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;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant was unable to confront the police officers on whose written statements her conviction was based.
57587/22*
19/11/2022
Kristina Vladimirovna DEYEVA
1995
Kristina Olegovna Tyurina
Nizhniy Novgorod
Manifestation against the war in Ukraine
Nizhniy Novgorod
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
20/07/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings
57728/22*
08/12/2022
Arseniy Nikolayevich VASILENKO
2001
Timofey Borisovich Ushakov
Kokoshkino
Manifestation against the war in Ukraine
Moscow
26/02/2022
Manifestation against the war in Ukraine
Moscow
27/02/2022
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 20,000
fine of RUB 15,000
Moscow City Court
11/11/2022
Moscow City Court
15/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of the proceedings which ended on 15/08/2022
7559/23*
04/01/2023
Maksim Aleksandrovich DEMINSKIY
1966
Manifestation against the war in Ukraine
Moscow
03/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
09/09/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 7 p.m. on 03/03/2022 to 6 a.m. on 04/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised 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
7565/23*
06/01/2023
Yekaterina Aleksandrovna VIKHANSKAYA
1995
Manifestation against the war in Ukraine
Moscow
03/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
09/09/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Detention took place from 7.30 p.m. on 03/03/2022 to 2.30 a.m. on 04/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019) (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 - fine of RUB 20,000; 09/09/2022, Moscow City Court
8026/23*
27/03/2022
Mikhail Leontyevich UDIMOV
1955
Nikolay Sergeyevich Zboroshenko
Mytishchi
Manifestation against the war in Ukraine
Moscow
20/02/2022
article 19.3 § 1 of CAO
administrative detention of 15 days
Moscow City Court
25/02/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 20/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings
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