Published on 24 July 2023
THIRD SECTION
Application no. 9856/16
Yuriy Aleksandrovich BOGOMOLOV against Russia
and 11 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 29 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
9856/16*
10/02/2016
Yuriy Aleksandrovich BOGOMOLOV
1960
Ryazan, 22/11/2014,
Protest against construction of a church in a park
Article 20.2 § 1 of the CAO,
administrative fine of RUB 10,000
11/08/2015, Ryazan Regional Court
distance requirement - event classified as assembly post facto
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - conviction under Article 20.2 § 1 of the CAO for participation in an unauthorised rally of 22/11/2014 (protest against construction of a church), final judgment of 11/08/2015 by the Ryazan Regional Court
32045/20*
15/06/2020
Anastasiya Dmitriyevna REZYUK
2000
Maksim Vladimirovich Olenichev
St Petersburg
(i) Moscow, 11/10/2019, Support of the LGBT community of the Chechen Republic
(ii) Moscow, 27/06/2020, Support of Yu. Tsvetkova
(i) Article 20.2 § 5 of CAO,
administrative fine of RUB 10,000
(ii) Article 20.2 § 8 of CAO,
administrative detention of 15 days
(i) 02/12/2019, Moscow City Court
(ii) 01/07/2020, Moscow City Court
rotation - event classified as assembly post facto (both episodes)
Art. 5 (1) - unlawful deprivation of liberty - (i) arrest, delayed escorting to a police station, detention on 11/10/2019 for the sole purpose of drawing up a record of administrative offence; and
(ii) arrest, escorting to a police station, detention between 27/06/2020 and 29/06/2020 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,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine police officers on whose written statements the convictions were based (both sets of proceedings) and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution (the 2nd set 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 solo demonstrations held on a rotation basis (i) on 11/10/2019 by no less than 10 participants - final judgment of 02/12/2019 by the Moscow City Court; and (ii) on 27/06/2020 by no less than 50 participants - final judgment of 01/07/2019 by the Moscow City Court.
13372/21*
10/03/2021
Timur Arturovich TUKHVATULLIN
2001
Danil Ilnurovich Nurgaleyev
Kazan
Kazan,
21/08/2020, Support of A. Navalnyy
Article 20.2 § 5 of CAO,
community work of
30 hours
30/09/2020, Supreme Court of the Republic of Tatarstan
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention (1) on 21/08/2020, in excess of three hours, for the sole purpose of drawing up a record of administrative offence, and (2) between 2.30 p.m. of 23/01/2021 and 25/01/2021, as administrative suspect,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant’s administrative arrest and conviction for having participated in an unauthorised rally in support of A. Navalnyy, 23/01/2021, Kazan - conviction under Article 20.2 § 5 of CAO, administrative fine of RUB 10,000, final judgment: 14/04/2021, Supreme Court of Republic of Tatarstan.
18542/21*
17/03/2021
Lenar Irekovich YUSUPOV
1981
Mansur Idrisovich Gilmanov
Podolsk
Moscow, 15/08/2020,
Protest against premature authorisation of SARS-CoV-2 vaccine in Russia
Article 20.2 § 5 of CAO,
administrative fine of
RUB 10,000
04/12/2020, Moscow City Court
ban on public events at certain locations - Red Square - area in the vicinity of the residence of the President of Russia
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 15/08/2020 for the sole purpose of drawing up a record of administrative offence (which allegedly could have been drawn up on the spot);
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.
18903/21*
17/03/2021
Artem Nikolayevich SELEKHOV
2002
Mansur Idrisovich Gilmanov
Podolsk
Moscow, 22/06/2020,
Protest against abusive criminal prosecution
Article 20.2 § 5 of CAO,
administrative fine of
RUB 10,000
10/12/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to, and detention at the police station on 22/06/2020 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 police officers on whose written statements the applicant’s conviction was based,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - arrest, conviction for participation in a manifestation and a rally on 22/06/2020.
30738/22*
07/06/2022
Svetlana Vasilyevna NAKHIMOVICH
1948
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Novgorod, 03/03/2022,
Anti-war protest
article 20.2 § 2 of CAO,
administrative fine of
RUB 20,000
20/04/2022, Novgorod Regional Court
distance requirement - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 03/03/2022 for the sole purpose of drawing up a record of administrative offence; failure to draw up an escort 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) - 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.
31741/22*
07/06/2022
Yelena Vladimirovna PAVLOVA
1946
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Novgorod, 03/03/2022,
Anti-war protest
article 20.2 § 2 of CAO,
administrative fine of
RUB, 20,000
19/04/2022, Novgorod Regional Court
distance requirement - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 03/03/2022 for the sole purpose of drawing up an administrative offence 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) - 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.
45917/22*
04/09/2022
Dmitriy Sergeyevich TOKMAKOV
1979
Omsk,
30/04/2022,
Anti-war protest
Article 20.6.1 § 1 of CAO,
a warning
05/07/2022, Omsk Regional Court
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;
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to the police station on 30/04/2022 for the sole purpose of drawing up a record of administrative offence.
47603/22
23/09/2022
Konstantin Viktorovich KONONENKO
1990
Anna Yevgenyevna Bochilo
Barnaul
Barnaul, 11/04/2022,
Anti-war protest
Article 20.3.3 § 1 of CAO,
administrative fine of
RUB 30,000
25/05/2022, Altay Regional Court
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
48424/22*
30/09/2022
Andrey Removich TARABUKIN
1999
Vladislav Vladimirovich Kosnyrev
Syktyvkar
Syktyvkar, 13/03/2022,
Anti-war protest
Article 20.3.3 § 1 of CAO,
administrative fine of
RUB 30,000
01/06/2022, Supreme Court of the Komi Republic
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 13/03/2022 and 18/03/2022, each time for the sole purpose of compiling 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 administrative proceedings (final judgments given on 01/06/2022 and 17/08/2022);
Art. 10 (1) - various restrictions on the right to freedom of expression - Conviction under Article 20.3.3 § 1 of CAO for distributing anti-war leaflets in mailboxes in Syktyvkar on 28/03/2022, administrative fine of RUB 35,000, final judgment by the Supreme Court of the Komi Republic on 17/08/2022.
3804/23*
25/12/2022
Aleksandr Nikolayevich GORELOV
1984
Kristina Olegovna Tyurina
Nizhniy Novgorod
Reshetikha,
Nizhniy Novgorod Region,
06/03/2022,
Anti-war protest (the applicant parked his car with anti-war posters on it in a town centre and left)
Article 20.2 § 2 of CAO,
administrative fine of
RUB 20,000
Nizhniy Novgorod Regional Court, 25/08/2022
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 07/07/2022 for the sole purpose of drawing up a record of administrative offence in respect of the events of 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.
12794/23*
24/10/2022
Polina Aleksandrovna LABINSKAYA
1982
Moscow, 07/03/2022,
Anti-war protest
Article 20.2 § 5 of CAO,
administrative fine of
RUB 10,000
01/07/2022, Moscow City Court
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 07/03/2022 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.