Published on 8 January 2024
THIRD SECTION
Application no. 26935/21
Yuriy Vladimirovich BEREZUTSKIY against Russia
and 13 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
26935/21*
17/05/2021
Yuriy Vladimirovich BEREZUTSKIY
1997
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
18/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 31/01/2021 from 12.00 p.m. until 9 p.m.,
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
35142/21*
25/06/2021
Aleksandr Grigoryevich DAVLYATCHIN
1984
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
30/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 31/01/2021 from 11.55 a.m. until 11.30 p.m.;
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
41819/21*
02/08/2021
Andrey Aleksandrovich BELOTSERKOVSKIY
1992
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 6 days
Moscow City Court
08/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.00 p.m. on 02/02/2021 until 1 p.m. on 04/02/2021,
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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
41837/21*
02/08/2021
Ivan Olegovich PETRYAKOV
1995
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 5 days
Moscow City Court
08/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 11.45 p.m. on 02/02/2021 until the court hearing at 12.30 p.m. on 03/02/2021,
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.
46137/21
31/08/2021
Konstantin Vadimovich SHLYAKHOVOY
1980
Anna Yevgenyevna Bochilo
Barnaul
Rally “Free Navalnyy”
Smolensk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Smolensk Regional Court
10/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report at 2 p.m. on 23/01/2021,
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
46140/21*
01/09/2021
Nikolay Yevgenyevich FROLOV
1979
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Rally “Free Navalnyy”
Velikiy Novgorod
23/01/2021
article 20.2 § 5 of CAO
20 hours of community service
Novgorod Regional Court
04/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention in the police station for compiling an offence report on 27/01/2021 from 10.30 a.m. until 2.30 p.m.,
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.
54270/21*
20/10/2021
Pavel Sergeyevich SHTANKO
1978
Olga Pavlovna Tseytlina
St Petersburg
Rally to support citizens of Belarus
and "Free Navalnyy"
St Petersburg
24/01/2021
article 20.2 § 2 of CAO
detention for 5 days
St Petersburg City Court
20/04/2021
Art. 5 (1) - unlawful detention - arrest at home at 3.55 p.m. on 23/03/2021, escorting to and detention at the police station from 4.15 p.m. on 23/03/2021 until court hearing at 11.40 p.m. on 25/03/2021,
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
54271/21*
20/10/2021
Yuliya Sergeyevna SHTANKO
1985
Olga Pavlovna Tseytlina
St Petersburg
Rally to support citizens of Belarus
and "Free Navalnyy"
St Petersburg
24/01/2021
article 20.2 § 2 of CAO
detention for 7 days
St Petersburg City Court
15/06/2021
Art. 5 (1) - unlawful detention - arrest at home address at 3.55 p.m. on 23/03/2021, escorting to and detention at the police station from 4.15 p.m. on 23/03/2021 until court hearing at 11.40 p.m. on 25/03/2021,
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,
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
59870/21*
24/11/2021
Veronika Olegovna PSHENICHNAYA
1971
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Tomsk
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Tomsk Regional Court
28/05/2021
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 - escorting to and detention at the police station before and after compiling an offence report from 8.30 p.m. on 21/04/2021 until 0.30 a.m. on 22/04/2021,
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.
59884/21*
24/11/2021
Ivan Konstantinovich ANTOSHKIN
1992
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Kazan
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
02/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 7.50 p.m. on 21/04/2021 until 4.50 p.m. on 22/04/2021,
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.
60140/21
06/12/2021
Aleksey Alekseyevch STEPANOV
1982
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Tomsk
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Tomsk Regional Court
09/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.35 p.m. until 10.15 p.m. on 21/04/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
2869/22*
07/12/2021
Andrey Andreyevich SIMONOV
1995
Rally “Free Navalnyy”
Tyumen
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Tyumen Regional Court
07/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 8.15 p.m. on 21/04/2021 until court hearing at 2 p.m. on 22/04/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
2979/22*
17/12/2021
Yelena Grigoryevna KAREVA
1965
Darya Nikolayevna Maylova
Krasnoyarsk
Rally “Free Navalnyy”
Krasnoyarsk
21/04/2021
article 20.2 § 2 of CAO
fine of RUB 20,000
Krasnoyarsk Regional Court
17/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
34918/22*
25/06/2022
Dmitriy Aleksandrovich PROKOPCHUK
1979
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Anti-war protest
Velikiy Novgorod
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 12,000
Novgorod Regional Court
22/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.50 p.m. until 9.45 p.m. on 06/03/2022,
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
Full & Egal Universal Law Academy